Queens County DA’s Office in New York City announced on April 18th that Brian Rodriguez, who illegally occupied a residence in Flushing, rented out rooms without permission, and had the police arrest the lawful homeowner, has been charged with five criminal offenses. This case highlights the legal consequences of illegal occupation.
Queens County DA Katz stated in a release, “When you illegally occupy someone else’s home, you will face criminal charges. You can’t just barge into a person’s home and claim you have the right to stay. You can’t enter a home without permission, stay there without authorization, and then claim you have rights just because the lawful homeowner didn’t know or couldn’t get rid of you within 30 days.”
According to the information released by the Queens County DA’s Office, the 35-year-old defendant Rodriguez was arrested in his house on 161st Street in Flushing on April 18th. He is charged with 2nd-degree burglary, 4th-degree grand larceny, 4th-degree criminal possession of stolen property, 2nd-degree criminal trespass, and 4th-degree criminal mischief.
The lawful homeowner, 47-year-old Adele Andaloro, discovered unauthorized changes to the front door lock of her house on 160th Street during a routine check she conducted on February 17th, as there was no one living in the house during her last inspection on January 21st with no changes noted.
In the following days, Adele Andaloro noticed Rodriguez living in the house, despite not knowing him and not granting him permission to enter.
On February 19th, when Andaloro confronted Rodriguez, he claimed to be leasing the property but couldn’t provide any specifics about the lease agency, individual, or agent.
On February 29th, Andaloro found several other individuals living in her house without permission. After one person left through the front door, she discovered additional locks had been added. She promptly called a locksmith to replace the locks.
Later that day on February 29th, Rodriguez forcibly entered the house through the front door while Andaloro was present, prompting her to push him out and instruct him to leave.
When the police arrived, Rodriguez claimed to be a lawful tenant and accused Andaloro of harassing him and illegally evicting him, leading to Andaloro being handcuffed and taken away by the police.
Andaloro later contacted the Queens County DA’s Office, prompting an investigation by the Housing and Worker Protection Bureau.
Rodriguez was taken into custody by the DA’s detectives on the morning of April 18th, as stated in the indictment obtained by the grand jury.
Before conviction, Rodriguez is considered innocent; if found guilty, he could face a 15-year sentence, with a court date scheduled for May 13th as ordered by the judge.
During the court session on the 18th, the judge released Rodriguez but prohibited him from approaching Andaloro.
Local media reported that Rodriguez claimed to have rented the house through an intermediary and acted as a sublessor to other occupants. He now claims he needs to “pay” to remove the other tenants and asserted his innocence in court.