Squatter Rights Stronger Than Property Owner Rights in Central New York

One of the biggest fears of any property owner is the threat of a squatter. We have all heard horror stories regarding this type of unwanted occupant, but one hit close to him recently in Central New York.

Recently a local animal non-profit organization rescued close to 20 cats who were found in a home left destroyed by squatters who had been living in a house in Deerfield. The mess left behind and damage is immeasurable, but is a very real possibility if you are unfortunate enough for someone to take up residence by force.

Property Owner in Queens Arrested for Changing Locks

According to an article from ABC 7 in New York,

In New York, squatters have rights after 30 days. That means the property owner can't change the locks on them, can't remove their belongings, and can't cut off the utilities. If they do, the owner could be arrested. Instead, property owners must go through the court system to get rid of them.

A property owner in Queens was actually arrested recently for changing the locks on squatters that had invaded her home. Adele Andaloro of Flushing, Queens discovered the unwanted guests in a home she inherited from her family. Because she had the locks changed on the squatters, she was arrested for unlawful eviction.

What is the Law Regarding Squatters?

What are the actual laws regarding squatting? According to the Law Offices of Nadel & Ciarlo,

In New York, if the squatter lived in the property for at least 30 days, they are considered a legal tenant. This means you cannot unilaterally evict them or have the police evict them. You would be forced to get a judicial eviction.

This type of tenancy is known as Squatter Tenancy. Ask any landlord who suffered through having non-paying tenants through COVID how hard it is to evict someone from your home. The courts in New York State aren't always favorable to those who own property. But, luckily one legislator is trying to make a change to existing laws.

New Legislation Proposed

New York's 15th District State Assemblyman Jake Blumencranz has introduced a bill that would make it easier for a property owner to remove a squatter. According to ABC 7, the bill "states a tenant does not include squatters. It also gives someone rights after 45 days, not 30 as many short term rentals in NYC are required to be 30 days long." This would be a major improvement.

Keeping Your Property Protected

The best thing a property owner can do, especially if they own a vacant property, is to put certain safety measures in place. Those include:

• Installing Security or Wifi based cameras (such as Ring or Blink) on the premises.
• Having multiple lock mechanisms, especially deadbolts.
• Frequently checking the property or trusting someone to do so on your behalf.
• Installing lights with timers so that at night it appears someone is living there.

These are just a few things you can do to protect yourself from would be disaster. The last thing you want is a destroyed interior of a home with animal droppings and waste inside.