Squatter Rights Spark Landlord vs. Tenant Tug-of-War in NYC

Flushing, Queens; Video of Adele Andaloro’s arrest over a squatter rights dispute went viral earlier this year as she was detained for kicking squatters out of her home. Andaloro, who inherited her home in Flushing, Queens after her parents passed away, was in the process of selling her home when she noticed the whole front door and locks had been changed.

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The video of Adele Andaloro’s arrest captured by the 7 On Your Side Investigators has been seen around the world. “Never knowing it was going to get to that extreme but if it took that to get to here, I’m okay with that,” Andaloro said. When Eyewitness News showed up to interview Andalaro outside her Flushing, Queens home in March, they didn’t expect the accused squatter to show up or that she’d be put in handcuffs for changing the locks. The charges were later dropped and the Queens District Attorney then arrested and charged the man accused of squatting in her home. “I’ve just gotten so many phone calls, so many emails from people just letting me know that people thanking me for putting it out there and letting the people know that this is happening every day,” Andaloro said. “And to what extreme it can actually get, so I’m just grateful for all that support.” But even though prosecutors charged the man accused of squatting and ordered him not to return to the home, they say he rented out rooms to other people and Andaloro says they’re still there. “The sooner I get them out the better,” Andaloro said. Since her arrest, lawmakers changed state law giving police more authority to remove squatters who don’t have a legal right to be there, instead of taking them to housing court. “I’m over the moon about the change in the law,” she said. But it’s unclear what will happen yet in her case. The new law defines a squatter as someone who doesn’t have “title, right or permission of the owner” to be there. It’s not clear if that includes people renting out rooms from an accused squatter. “I’ve spoken to several attorneys and I actually was ready to begin the eviction process before I heard about the law being passed, so now I’m kind of just waiting it out for a couple of days before I take any action to see if there’s anything I can do to shorten the length of the process for me now that the law has been changed,” she said. The accused squatter who was charged says he’s innocent. He claims he signed what turned out to be a “bogus lease” from an unnamed broker. He’ll be back in court next month. #squatting #news #nyc

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This video is just one instance of a growing problem in New York City, which has become an unlikely battleground for squatter rights. On one side are frustrated property owners, and on the other, tenants facing a brutal housing crisis. The city’s long standing and overly lenient squatter laws are creating problems all over the city.

At the heart of the issue is the concept of adverse possession, which allows someone who occupies a vacant property for a certain amount of time to claim legal ownership. In New York City that time window is only 30 days, which has encouraged some individuals to move into unoccupied buildings, claiming squatter’s rights and forcing property owners into lengthy eviction battles.

Adele Andaloro inherited a house from her parents. Upon attempting to sell it, she discovered squatters residing inside. The alleged squatters claimed tenant rights, leading to Andaloro’s arrest for trying to change the locks [Newsweek]. This incident highlights the challenges faced by property owners, who can find themselves legally barred from accessing their own holdings.

Supporters for stricter squatter laws argue that the current system disincentivizes property upkeep and discourages investment in the city’s housing stock. Assemblyman Jake Blumencranz expressed his frustration, calling it an “unfortunate, upside down world” where homeowners are treated like trespassers [Newsweek].

However, squatter rights defenders see these laws as a vital safeguard against homelessness, particularly in a city with a severe housing shortage. They argue that some individuals genuinely believe they have a right to occupy an abandoned property, and the 30-day window allows them to establish residency and potentially avoid eviction.

Further complicating the issue is a recent policy by New York City that provides free legal aid to the individuals facing eviction, this includes those accused of squatting. Advocates see this as a necessary step towards ensuring fairness in the legal system. Critics, however, fear it incentivizes squatting and creates a loophole for those who have no legitimate claim to a property.

The debate has reached a legislative boiling point. Assemblyman Blumencranz, along with others, have proposed bills that would make it easier for homeowners to remove squatters. These proposals are fiercely contested by tenant rights groups who believe they would further disadvantage vulnerable New Yorkers.

Finding a solution likely requires a nuanced approach that balances the rights of property owners with the needs of those struggling to find affordable housing. The city may need to explore alternative solutions, such as stricter enforcement of vacant property registration to prevent squatting opportunities in the first place.

Ultimately, the squatter rights debate in New York City reflects a larger national conversation about the right to housing and the responsibility of property ownership. As the Big Apple grapples with this issue, the rest of the country watches, with the outcome potentially impacting similar discussions across the United States.