Posted on March 3rd, 2024

In the wake of two 7 On Your Side Investigations shedding light on the alarming issue of squatting, there has been a groundswell of support from city and state lawmakers to overhaul New York's laws regarding squatters' rights.

Currently, New York law grants squatters certain rights after just 30 days of occupation, complicating efforts to address this issue effectively. 

According to the law, squatters must be taken to court before they can be legally removed, placing a significant burden on property owners and law enforcement alike. 

This legal framework often hampers police authority in dealing with squatters, leaving property owners feeling frustrated and powerless.

Join us to learn how to protect your home from unauthorized occupancy.

Rising Concern for Squatting in New York

In recent years, squatting has emerged as a pressing concern in New York, fueled by high-profile cases that have captured public attention. One such case went viral after Adele Andalaroo was arrested for changing the locks on her front door in an attempt to prevent squatters from entering her property. This incident shed light on the complexities surrounding squatters rights and highlighted the urgent need for legislative reform.

The case of Adele Andalaroo ignited widespread debate and scrutiny, drawing attention to the legal loopholes that enable squatters to exploit vacant properties with impunity. As more cases of squatting come to light, homeowners across New York are increasingly alarmed by the potential threat to their property rights and the challenges they face in reclaiming possession of their homes.

Let's delve into a deeper understanding of who squatters are and the rights they may possess under New York law.

What are Squatters?

Squatters are individuals who occupy vacant properties without the owner's permission. They may move into homes, apartments, or commercial buildings and claim residency without legal authority. Squatting often occurs in properties that have been abandoned or left vacant for extended periods.

These are the main characteristics of squatters:

• They move into properties without permission from the owner.
• They may change locks and make alterations to the property.
• They often claim residency and assert squatters rights to remain in the property.

Squatters Rights in New York

In New York, squatters rights have become a contentious issue, with property owners facing significant challenges in reclaiming possession of their properties from unauthorized occupants. Despite efforts by lawmakers to address this issue, loopholes in the law continue to allow squatters to exploit legal protections and remain in properties without the owner's consent.

1. Right to Possession

Under New York law, squatters may acquire legal possession of a property after residing there continuously for a specific period, typically 30 days. This legal concept, known as adverse possession, grants squatters certain rights to remain on the property, making it difficult for property owners to regain control.

2. Right to Notice

Property owners must provide squatters with written notice before initiating eviction proceedings. This notice must inform squatters of their right to defend against eviction in court and provide them with an opportunity to present evidence in support of their claim to residency.

3. Right to Defend

Squatters have the right to defend against eviction in court and present evidence to support their claim to residency. This may include demonstrating that they have resided on the property continuously for the required period or asserting other legal defenses to challenge the validity of the eviction proceedings.

4. Right to Due Process

Like any other tenant, squatters are entitled to due process under the law. This includes the right to be notified of eviction proceedings, the right to legal representation, and the right to appeal court decisions. Squatters can challenge eviction proceedings and seek remedies if their rights have been violated during the process.

5. Right to Compensation

In some cases, squatters may be entitled to compensation for improvements made to the property during their occupancy. This can include reimbursement for repairs, renovations, or other enhancements that increase the value of the property. Property owners should be aware of these potential liabilities when seeking to reclaim possession of their properties from squatters.

As a homeowner in New York, it's crucial to take the situation with squatters seriously. In the following section, we'll delve into proactive measures that homeowners can implement to fortify their properties against the threat of squatters.

Legal Strategies for Home Protection

As a licensed real estate salesperson and entrepreneur, I've encountered numerous cases of squatters occupying properties in New York. Based on my experience, here are some essential strategies for homeowners to protect their homes against squatters:

1. Secure Your Property

Take proactive measures to secure your property and prevent unauthorized access. This may include installing security cameras, motion-sensor lights, and sturdy locks on doors and windows.

2. Monitor Your Property Regularly

Frequently inspect your property to ensure that it remains vacant and undisturbed. If you notice any signs of unauthorized entry or occupation, take immediate action to address the situation.

3. Know Your Rights

As a homeowner in New York, it's essential to familiarize yourself with your legal rights to effectively protect your property from squatters. Knowing your rights empowers you to take decisive action and assert your legal interests. 

Here are some key rights that homeowners should be aware of:

• Right to Possession: Homeowners have the right to exclusive possession of their property and can take legal action to remove unauthorized occupants.
• Right to Privacy: Homeowners have the right to privacy and can prevent unauthorized individuals from entering their property without permission.
• Right to Evict: Homeowners have the right to evict squatters through legal means, including eviction proceedings and court orders.
• Right to Due Process: Homeowners and squatters are entitled to due process under the law, ensuring fair treatment and procedural safeguards in legal proceedings.
• Right to Legal Representation: Homeowners have the right to legal representation to navigate complex legal issues related to squatters rights and property ownership.
• Right to Property Maintenance: Homeowners have the right to maintain and protect their property from damage caused by squatters, including seeking compensation for damages incurred.
• Right to Seek Remedies: Homeowners have the right to seek remedies for any violations of their property rights, including damages, injunctive relief, and legal costs.

4. Seek Legal Assistance

If you encounter issues with squatters on your property, seek legal assistance from a qualified attorney who specializes in real estate law. They can provide guidance and represent your interests in court if necessary.

5. Document Everything

Keep detailed records of any interactions with squatters, including written notices, photographs, and communications. This documentation can serve as evidence in legal proceedings.

Related: 7 Best Places to Live in New York for Families

Frequently Asked Questions

Can You Change Locks on Squatters?

Yes, you can change locks on squatters, but it's essential to proceed with caution and adhere to legal guidelines. While property owners have the right to protect their homes from unauthorized occupants, New York law requires proper notification and adherence to eviction procedures. Changing locks without following the appropriate legal process could result in legal consequences for the property owner. It's advisable to seek legal advice before taking any actions to remove squatters from your property.

How Is Squatting Not Trespassing?

Squatting is not always considered trespassing under certain circumstances, particularly in states like New York that recognize squatters rights. Trespassing typically involves unlawfully entering someone else's property without permission. However, squatting may involve occupying a property without the owner's consent but with the intent to establish residency. Squatters may argue that they have acquired legal rights to the property through adverse possession or other legal doctrines. It's essential to consult with legal experts to understand the nuances of squatting laws and how they apply in specific situations.

Conclusion

Squatters rights in New York pose significant challenges for homeowners, but there are steps you can take to protect your property. By understanding your rights, implementing proactive measures, and seeking legal assistance when needed, you can safeguard your home against squatters and ensure peace of mind for you and your family.

At Charnat Homes, LLC, we understand the concerns and frustrations that homeowners may experience when dealing with squatters. As a licensed real estate salesperson and entrepreneur, we specialize in providing expert guidance and support to homeowners in New York. Whether you're seeking assistance with buying, selling, or renting properties, we're here to help.

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Contact us today at (855) 256-2552 or via email at [email protected] to learn more about how we can assist you. Let us help you navigate the complex world of real estate and protect your investments for the future.