If you have any vacant properties in New York State right now, squatters' rights have probably become a hot topic of discussion for you and your family. Numerous headline-grabbing incidents involving squatters occupying homes that legally belong to others have sparked controversy and raised concerns about property rights. This is probably a good time to get familiar with some of the legal specifics surrounding the issue, or just the basics, if this is all new to you.

One particular incident in Queens, where a homeowner was arrested for changing the locks on her own home put a serious spotlight on the legal circus surrounding squatters' rights and the challenges legitimate homeowners face when attempting to regain control of their own properties.

Is This a Situation Happening Elsewhere in the Country?

If you are not up to speed on the issue, “squatting” in residential homes has become a growing issue nationwide, not just in New York. It involves the perpetrators finding homes that may be vacant or for rent, and moving in illegally. By establishing a relationship with the utility company or having any sort of work done to the house, they establish a legal framework known as Adverse Possession. In many cases the scammer will also draw up a fake lease.

Throughout the United States, instances of squatting have been reported in numerous cities and states. Before it was a noteworthy problem here, Texas of all places found itself dealing with the issue. But the driving factors behind squatting are not limited to any specific geographic location. Rising property prices, limited affordable housing options, and an influx of individuals facing financial hardships have contributed to the increase in squatting incidents.

How are Residential Squatters Abusing the Law?

The point of exercises such as having billable work done to a property, or having utility bills put in the squatter's name are to try to establish residency under the laws of specific states where Adverse Possession makes it illegal for police to remove a squatter from a home. This now makes the issue a question of civil procedure. To try to remove them forcibly is legally classified as Illegal Eviction. In New York state, tenants' rights apply after only 30 days of residency, after which a multi-year long eviction process is necessary to remove them. What is even more infuriating for the victims, is that any investigation into a squatter in NY state will almost certainly take longer than that 30 day window.

The legal system's complexities and lengthy litigation processes inadvertently allow squatters to manipulate the system. Addressing these loopholes and streamlining the legal procedures for eviction are crucial steps in combating residential squatting and preventing further abuse of the law in New York State. But whether or not any actions are currently in the pipeline to address this is not something we know yet. It hasn't come up as a legislative priority for New York State as of this writing.

I Have a Residence in New York that I Don't Live in, What Should I do?

As a homeowner in New York who does not reside in your property, it is crucial to take proactive measures to prevent squatters from occupying your house. By being proactive, you can protect your rights and avoid potentially lengthy legal battles.

Firstly, it is advisable to regularly monitor your property for any signs of unauthorized activity. This can include visiting the house periodically to ensure it remains unoccupied and consistently checking for any indications of forced entry or occupation, such as broken windows or changed locks. Promptly addressing any signs of possible squatting can help deter potential squatters.

Additionally, you should consider securing your property through various means. Installing a networked security system that you are able to monitor remotely, including motion-sensor lights and cameras, is an absolute must. Adequate fencing and locked gates can also help restrict access to your property, reducing the chances of unauthorized entry. But in many cases, it isn't going to stop someone who is very determined to get in. Which is why there is no replacement for proper monitoring.

It is also essential to maintain a clear legal stance regarding your property. Having regular services done to the property in your absence are a good idea. Have landscapers come. Also, Inform neighbors about your non-residential status and establish a supportive network that can keep an eye on your property and promptly report any trespassing.

Am I Liable if a Squatter is Injured in my House in New York?

Under New York law, trespassing is considered illegal. Squatters, by definition, occupy a property unlawfully without the owner's permission. However, despite their unlawful presence, property owners in New York can still bear responsibilities for certain injuries or damages that may occur to squatters.

The legal basis for this responsibility arises from the concept of a landowner's duty of care. Although squatters are considered trespassers, landowners still owe them a certain level of duty to maintain their property in a reasonably safe condition. If a property owner knows or should have known about a dangerous condition on their premises that could potentially harm squatters, they may be held liable for any resulting injuries or damages.

It is essential to note that the extent of the landowner's liability will depend on various factors, including the level of foreseeability, the nature of the harm suffered, any warnings given, and the degree of control the property owner exercises over the premises. Thus, each case will be evaluated on its own merits to determine the landowner's potential liability for injuries or damages sustained by squatters.

Is it True That Squatters get Free Legal Help Against me as a Property Owner?

Unfortunately, the answer to this question is one that you may find frustrating. In New York State, squatters are entitled to free legal support. If this happens to you, prepare to require an attorney of your own, and budget accordingly, because the squatter will have free unlimited legal help to draw the process out. What we have seen, is that at this point the squatter will try to extort money from the homeowner as a settlement. They know that they’re bleeding the homeowner out. If they’re particularly nasty, they’ll start holding the condition of the home hostage by breaking things in the house.



Our suggestion is this: If you are a person who has any possibility of falling victim to this issue, please start taking all the proactive measures you can, because the legal issues surrounding it are not something anyone should ever have to deal with. Until the laws surrounding this issue change, any person with a vacant property may be at serious risk.