New York legislators are currently pushing for new laws to address the issue of “squatting” following a series of recent clashes between squatters and homeowners. Squatting refers to the act of occupying a piece of land or a building without legal ownership or permission. It involves individuals living on the property without paying rent or having any lawful documentation stating their ownership.
The lenient squatting laws in New York State have come under scrutiny due to several incidents involving squatters. In the state, if a squatter has been living in a home for 30 days, they gain tenant rights, and homeowners must go through a court eviction process to remove them and their belongings. Fueled by these incidents, lawmakers are now seeking to change the existing squatting laws in New York.
State Senator Mario Mattera has introduced a set of bills that aim to give police the authority to swiftly evict individuals from residential properties based on a homeowner’s complaint, without involving the court. The bills also redefine the definition of occupant to exclude squatters, remove current squatter-friendly eviction remedies, and clarify that criminal trespass includes squatters. According to the statement, the legislation would provide substantial civil protections for wrongfully removed individuals.
Furthermore, Assemblymember Jake Blumencranz has introduced a bill that redefines the definition of a tenant to exclude squatters. Additionally, the bill grants rights to individuals after 45 days of occupancy. Blumencranz emphasizes that their intention is to prevent squatters from taking advantage of the law.
Meanwhile, New York City Councilwoman Vickie Paladino is working on legislation that takes a more aggressive approach. Her bill proposes that squatters would only gain rights after 180 days of occupation, and it redefines tenants as squatters once they stop making rental payments. Paladino’s bill also suggests handling squatter cases in criminal courts rather than civil courts. Paladino highlights that some homeowners have lost their homes due to squatters, leading to lengthy legal battles while squatters live rent-free.
Though it is unclear how many Democrats in control of the New York City council and the state legislature would support these bills, the legislators are determined to address the issue of squatting. Governor Kathy Hochul has not publicly commented on these proposals.
In recent months, specific incidents have brought attention to New York’s squatting laws. Adene Andaloro, a property owner in Flushing, Queens, was arrested after changing the locks on her inherited home, which she claimed was occupied by squatters. In another tragic incident, suspected squatters were taken into custody after the discovery of the deceased Nadia Vitel in her late mother’s apartment. It is believed that Vitel walked in on the squatters, who then allegedly killed her.
As the debate over squatting laws in New York continues, lawmakers’ efforts to address the issue aim to strike a balance between protecting homeowners’ rights and preventing squatters from exploiting the law. These proposed changes seek to provide more robust measures to swiftly evict squatters and protect wrongfully removed individuals.