Americans Back Plan To Treat Squatters as Trespassers

The vast majority of Americans believe squatters are simply "trespassers" in all but name—and should be treated as such, a new poll commissioned by Newsweek reveals this week.

Squatting sees people occupy a property they don't own and then live there without consent or paying rent. These residents can currently claim squatters' rights in New York after occupying a property for just 30 days. But New York State Assembly may move to redefine squatters as trespassers, rather than as a subcategory of tenants, under the law. If passed, the legislation would make it much easier for homeowners to remove squatters from their property. Some 71 percent of voters support the plan, a new survey suggests.

The poll follows a spate of high-profile clashes between squatters and homeowners, which has shone a light on the phenomenon. The arrest of New York homeowner Adele Andaloro last month sparked outrage, after she was detained for changing the locks on squatters at a home she inherited from her late parents in Flushing, Queens. While a Texas homeowner slammed his local police, alleging they took the side of a squatter when he tried to evict a man from his property earlier this month.

New York has among the most lenient squatting laws in the U.S., but some lawmakers are now hoping to change that with the new bill, introduced by New York state Senator Mario Mattera. And it seems that plan is widely supported across the country, if Newsweek's poll is anything to go by.

Legal expert and author Geoffrey S. Corn told Newsweek via email on Tuesday: "Tightening laws that prohibit squatting and making it more efficient to end it through legal process makes logical sense to me. If the people want that, this is how democracy and lawmaking should work."

Nevertheless, Corn, a professor of criminal law at Texas Tech University's School of Law, sounded a note of caution. "I would hope state legislatures are very direct in emphasizing the legal limits to self help," he said. Trespass would not allow homeowners to take the law into their own hands with "deadly force" he noted, adding: "For me the bottom line is simple: life is always more valuable than property, even the life of a squatter or someone who trespasses. And so long as there is the opportunity to seek law enforcement intervention to address the unlawful presence it is near impossible for me to believe a claim of urgent necessity to employ deadly force is reasonable."

The latest poll, conducted by Redfield & Wilton Strategies on behalf of Newsweek on April 6 and 7, suggests most people think squatters are no more than trespassers. Some 4,000 people were questioned for the survey, and respondents were all eligible voters in the U.S. who had a range of ages, genders, ethnicities, and education levels.

A total of 71 percent said they supported New York's bill, with 49 percent strongly supporting the move to treat squatters as trespassers and 22 percent merely supporting it. In contrast, just 8 percent disagreed with the bill, with 5 percent opposing it and 3 percent strongly opposing it. The rest of the respondents neither opposed nor supported it (15 percent) or did not know how they felt about the matter (6 percent).

The poll also asked other questions surrounding the topic of squatter occupations.

Some 61 percent said they opposed the idea of "squatters' rights" in general, with just 18 percent of respondents supporting the concept. The remaining respondents neither supported nor opposed the concept (15 percent) or did not know what they thought about the issue (5 percent). The figures in the poll were rounded to the nearest full number so do not always add up to exactly 100 percent.

While 66 percent of people who believe the current law in New York is too lenient believe squatters should "never" be given rights, no matter how long they have inhabited a property.

Mattera told Newsweek by email on Tuesday that the polling data "underscores a critical consensus among Americans, and particularly New Yorkers, that our current squatting laws are far too lenient and are being exploited to the detriment of homeowners and communities."

"Your poll and information shows an overwhelming 71% of respondents support the move to redefine squatters as 'trespassers' rather than tenants, a clear indication that the public's sentiment aligns with the aggressive stance my bill takes on squatting," he said.

"This isn't just policy—it is a direct response to what I'm hearing from the people of New York State and it is exactly what they're demanding for their protection and peace of mind. The fact that 61% of Americans recognize that New York's squatting laws are too lenient, with a significant majority believing squatters should never be granted rights, reflects the urgent need for reform."

Mattera added the general opposition to "squatters' rights" showed "It is time for lawmakers across New York to come together, regardless of party lines, to support this bill. Protecting our homeowners and safeguarding our communities is not a partisan issue—it's a basic responsibility."

It is not only New York legislators who are pushing for new laws cracking down on squatters.

President Joe Biden's administration said it's "critical that local governments take action" to address the issue of squatters across the country.

Florida Governor Ron DeSantis signed new legislation in March allowing homeowners to get assistance from law enforcement officials in removing squatters from their homes, as well as increasing penalties against squatters. "We are putting an end to the squatters scam in Florida," the governor said.

Despite the headlines and politicians' concern, legal experts say there has not been a spike in squatting and have dismissed reports of a squatting crisis as "fearmongering," saying it remains rare in the U.S.

Correction 4/10/24, 7:49 a.m. ET: This article was updated with a correction to Adele Andaloro.

Update 4/10/24, 8:42 a.m. ET: This article was updated to include comment from Senator Mario Mattera.