Recently, there has been growing attention in New York and across the United States regarding the controversy surrounding “squatter’s rights.” Republican lawmakers in New York have proposed amendments to ensure that squatters are not treated as tenants. Brian Kavanagh, Chair of the Housing Committee in the New York State Senate, expressed to a publication, saying they will understand the issue and take actions to clarify it.
Senator Kavanagh attended a town hall meeting in Lower Manhattan recently, where he addressed questions about squatter’s rights. He mentioned, “Squatters are not considered tenants under current laws, and we are taking steps to clarify the situation. If someone unlawfully enters a property, they can be removed under current law.”
He added, “We have seen confusing reports, and we will use the law to take action and clarify the situation.”
Kavanagh highlighted that there have been ongoing disputes over the years, and the state legislature is attempting to pass laws that would allow judges to tell squatters in court, “Under current law, you do not have the right to enter.” This aims to prevent landlords from feeling confused about their property rights and to ensure that such disputes are handled properly.
“The current laws in New York State do not grant individuals who enter someone else’s property without permission such rights,” Kavanagh stated. “Some disputes claimed to be squatter-related are actually between tenants and landlords, which do not constitute squatting. Eviction with judicial approval is the only way to remove a tenant; property owners cannot evict tenants by changing locks or disposing of their belongings.”
As for differentiating between squatters and tenants in court, Kavanagh mentioned they are considering ways to expedite the resolution of this issue.
“We are a nation governed by laws, so some procedures (legislation) will be necessary. However, individuals who break into private residences do not have tenant rights, and we will clarify this matter. It saddens me that property owners do not have the right to stay in their own properties; they should have that right,” Kavanagh emphasized.
He concluded by stating, “We will ensure that the laws are clear, and we believe that the current laws are in favor of property owners. We will take action to address this issue.”
In mid-March this year, 19-year-old Halley Tejada and Kensly Alston unlawfully entered the apartment of 52-year-old homeowner Nadia Vitels in Kips Bay, Manhattan, and allegedly killed and hid Vitels’ body in a suitcase in the closet. Following the crime, Tejada and Alston fled the scene in the victim’s car but were eventually arrested in Pennsylvania.
On March 20th, after Queens homeowner Adele Andaloro’s $1 million property in Flushing was occupied by squatters, she rented it out to others. After changing the locks, Andaloro was reported by squatters, and she was publicly arrested by the police – with over 5 million people watching the video footage.
In response to the squatter controversy, Republican State Assemblyman Jake Blumencranz from Long Island introduced Assembly Bill A6894, which defines “tenants” to exclude squatters and allows law enforcement to intervene and make arrests without going through lengthy eviction court procedures. Fellow Republican Assemblyman Lester Chang from Brooklyn Chinatown also participated in supporting the proposal.