New York Officials Are Scrambling to Change Squatter Laws

New York legislators are pushing for new laws cracking down on "squatting" following several recent clashes between squatters and homeowners in recent weeks.

A squatter is any individual who decides to inhabit a piece of land or a building in which they have no legal right to occupy, according to the American Apartment Owners Association. The squatter lives in the building or on the property they select without paying rent and without lawful documentation stating they own the property.

A spate of recent incidents involving squatters has drawn scrutiny to New York's squatting laws, viewed as among the most lenient laws surrounding squatters across the United States. In New York State, if a squatter has been living in a home for 30 days, they obtain tenant rights and homeowners must go through a court eviction process to get rid of them and their belongings.

Several lawmakers are now seeking to change New York's squatters laws.

New York state Senator Mario Mattera introduced a series of bills that would allow police to "swiftly" and "immediately" evict individuals from residential properties "based on a homeowner's sworn complaint and without court involvement of any kind," according to a press release from his office.

While he has several bills aimed at combatting squatters, this specific legislation is receiving significant support, Mattera told Newsweek by phone on Wednesday. He said it would provide an "expedient method" for homeowners to have squatters removed from their property.

He said this bill would be "very, very important for New Yorkers," He said there have been numerous instances of squatting in his Long Island district and that squatters "have more rights than property owners" in New York.

"We all know that our property is the most important investment that we have when we own a home," he said. "It's the American dream. And you know, life, liberty and property, how important the American dream is for all of us."

He said he has heard from some Democrats that the bill will have bipartisan support, pointing out that a similar bill was passed with a bipartisan coalition in Florida.

"I'm very excited about that, that people realize this is a total epidemic that we need to combat against squatters," he said.

He warned that squatting remains a substantial issue, and that it is crucial for property owners to ensure that their homes are being watched every day to avoid a situation in which they are unable to remove squatters.

His bills would also redefine the definition of occupant to exclude squatters and trespassers, exclude squatters from "the current squatter-friendly remedy for self-help evictions" and clarify that criminal trespass in the third degree encompasses squatters.

The legislation would also include "substantial civil protections for individuals wrongfully removed, including potential triple damages, restoration of possession, and attorney fees for the aggrieved party" to balance the "aggressive" stance, according to the statement.

Assemblymember Jake Blumencranz introduced a bill that clarifies the definition of a tenant as not including squatters, while also giving someone rights after 45 days," according to local news station WABC-TV.

"We're making sure squatters can't take advantage of the law, that's all we're doing," Blumencranz said, according to the news station.

However, New York City Councilwoman Vickie Paladino said she is working on legislation that would go even further during an interview with CBS New York over the weekend.

She said she is working on legislation that would only give somebody squatter rights after 180 days, as well as change the definition of a "tenant" to a squatter once a renter stops making their payments. Her bill would also have squatter cases handled by criminal, rather than civil, courts.

Some homeowners in New York have "lost their homes" due to squatters, she said.

"Some of them are waiting to occupy their homes, so they are tied up within two to three years of legalities, while these people are still living in their homes, paying nothing," she said.

It remains unknown how many Democrats, who control the New York City council and both chambers of the state legislature would support these bills. Governor Kathy Hochul has not publicly commented on these bills.

Squatters Laws Face New Scrutiny

In March, several incidents drew attention to New York's squatters laws.

Property owner Adele Andaloro, of Flushing, Queens, was arrested for changing the locks on a home she inherited from her deceased parents where she claimed squatters were living.

Meanwhile, two suspected squatters were taken into custody after Nadia Vitel was found dead in a duffel bag in her late mother's Manhattan apartment. New York Police Department (NYPD) officials said they believe Vitel walked in on the suspected squatters in the apartment when they allegedly beat her to death.

Newsweek reached out to the offices of Blumencranz, Paladino and Hochul for comment via email.

Update 4/3/24, 1:16 p.m. ET: This article was updated with additional information.

Correction 4/10/24, 8:07 a.m. ET: This article was updated with a correction to Adele Andaloro.