RPAPL Section 711 Amended to Clarify Definition of "Squatter"

LVT Number: #33202

On April 20, 2024, as part of the annual Budget Bill, New York State amended Real Property Actions and Proceedings Law (RPAPL) Section 711, which defines who is included in a definition of a "tenant," to specify that, "A tenant shall not include a squatter."  The amended provision goes on to clarify that a squatter is a person who enters onto or intrudes upon real property without permission of the person entitled to possession, and continues to occupy the property without title, right, or permission of the owner or owner's agent or a person entitled to possessi

On April 20, 2024, as part of the annual Budget Bill, New York State amended Real Property Actions and Proceedings Law (RPAPL) Section 711, which defines who is included in a definition of a "tenant," to specify that, "A tenant shall not include a squatter."  The amended provision goes on to clarify that a squatter is a person who enters onto or intrudes upon real property without permission of the person entitled to possession, and continues to occupy the property without title, right, or permission of the owner or owner's agent or a person entitled to possession.  Amended RPAPL Section 7111 further provides that if there is a conflict between provisions of RPAPL Section 711 and RPAPL Section 713, the provisions of RPAPL Section 713 shall be controlling. RPAPL Section 713 outlines steps that must be taken to recover property occupied by individuals with whom there is no landlord-tenant relationship. These include squatters.

NY State Bills S8306C/A880CC, Part II (4/20/24), amending RPAPL Section 711 [1 pg. document]

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