New York Squatters Rights: State Legislation Pushes to Shift Squatter Eviction Burden to Illegal Occupants

New York Legislators Tackle Squatter Rights Reform

Homeowners across New York State have been facing challenges due to the current framework known as squatters' rights. Lawmakers are responding with legislation seeking to redefine and address the burden of proof in these cases. NY State Sen. Mario Mattera and Assemblymember Ed Flood, both Republicans, have introduced a bill modeled after a recent Florida law. This bill is designed to streamline the process of property owners removing unauthorized occupants from their properties. It emphasizes the need for those claiming residency to demonstrate legitimate reasons for being in the residence, effectively shifting the burden of proof to the squatters.

What Changes Are Being Considered for Property Owners?

New York property law describes a tenant as anyone who has occupied a home for 30 consecutive days or more. This definition grants them protection that requires formal eviction processes for removal, which can extend over one to two years and sometimes longer. The new series of bills aims to amend the qualifying period a person must reside in a property before being considered a tenant, potentially reducing leverage for individuals to occupy properties without legal grounds. The proposed bill also targets this 30-day rule, hoping to raise it to a 45-day threshold and clarify the exclusion of squatters from protections granted to lawful tenants.

Understanding the Current Legal Landscape

The complex nature of fundamental property law in New York leaves room for squatters to exploit certain loopholes. Another section of the state's real property law, contradictory to the 30-day rule, indicates that a squatter has no landlord-tenant relationship with the property owner. It allows for an eviction notice of just ten days. However, if laws conflict, it can result in police hesitation to take action without a court order, leading owners on a lengthy journey through the housing court.

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Will This Affect Tenants' Rights?

While the bills intend to protect property owners, there are safeguards against misuse. For instance, if a property owner wrongly removes an occupant, the displaced individual can file a civil action, potentially receiving damages triple the value of the apartment's rent, court costs, and attorney fees. There's an apparent attempt to balance the rights of property owners with the need to protect legitimate tenants, including those involved in ongoing litigation or those withholding rent for necessary repairs.

Advocates Express Concern Over Expanded Definitions

Advocates for tenants' rights are raising concerns. Some, like attorney Ellen Davidson of the Legal Aid Society, argue the new legislation may misinterpret the law and unfairly target tenants. The debate intensifies around interpretations that could broaden the definition of squatter to include any tenant the landlord wishes to remove. This expansion of terms is at the heart of the legislative push and pull.

Prosecuting Illegal Occupancy Amid Rising Publicity

Publicized incidents have underscored the need for clearer legislation. Notable cases, such as a Queens homeowner arrested for changing her locks after finding squatters in her home, fuel the argument for reform. This measure addresses such scenarios head-on by redefining "occupant" to exclude squatters and trespassers regarding eviction protections.

The Political Path for Squatter Legislation

Looking ahead, the bipartisan support needed for these bills to pass remains uncertain. Although Republicans introduced the bills, Sen. Mario Mattera is optimistic that measures such as the one inspired by Florida's law may gain cross-aisle support. Another bill by Assemblymember Jake Blumencranz and Sen. Patricia Canzoneri-Fitzpatrick targets the heart of the issue, seeking to draw a firmer line between protective evictions and the accountability of squatters.

While statistics on actual squatter-related cases in New York City are not readily available, the heightened media coverage and anecdotal evidence suggest a trend lawmakers are determined to address. This legislative attempt to redefine squatter rights and streamline eviction processes may mark a significant turn in the ongoing dialogue between property rights and tenancy protections. As both sides of the argument sharpen their positions, the progress of these bills through the state legislature will be closely watched by all parties with vested interests in the outcome.

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NY Legislation Seeks to Redefine Squatter Rights, Shifting Proof Burden to Illegal Occupants

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