NY pols take aim at squatters with ‘crystal clear’ laws favoring homeowners after series of takeovers

New York lawmakers are pushing a flurry of bills on squatters, declaring enough is enough after a series of disturbing home takeovers in the Big Apple and elsewhere.

“There have unfortunately been several instances of squatters attempting to or even succeeding in taking over private homes,” Democrat Sen. John Liu told The Post Wednesday, crediting The Post and others for shining a light on some of the harrowing squatter incidents.

“It’s been captured quite vividly by the media, including this publication, that has brought to our attention a problem that needed to be addressed.”

Liu introduced Senate Bill 8996 on April 8 along with Assemblyman Ron Kim, a Democrat, which was sponsored by more than half a dozen Senate lawmakers.

The bill came amid a wave of alarming incidents where homeowners were pushed out of their own homes after squatters had staked their claims.

Federal agents raid a home in the Bronx allegedly taken over by squatters. Matthew McDermott
Federal agents raid a home in the Bronx allegedly taken over by squatters. Matthew McDermott

Less than two weeks later, language from Liu’s bill was included in the $237 billion budget agreement which was signed into law over the weekend by Gov. Kathy Hochul.

Liu said the new legislation was “simple and crystal clear.”

Squatters are not tenants, squatters are people who intrude on private property without authorization from the owners, their representatives, or tenants,” the senator said.

Liu says the amendments to the existing law were intended to augment the “fuzzy” language around squatters rights as it had been previously written.

Squatters had been able to claim tenants’ rights after just 30 days of occupancy under New York City law.

“There was some presumption, perhaps mistaken, that after 30 days squatters somehow get rights as tenants. They don’t have any rights under state housing laws.”

New York lawmakers on both sides of the aisle have introduced a flurry of legislation taking aim at the issue of squatters plaguing law-abiding homeowners all over the state.
New York lawmakers on both sides of the aisle have introduced a flurry of legislation taking aim at the issue of squatters plaguing law-abiding homeowners all over the state.

Liu said the new legislation “gets the ball rolling straighter and faster” to addressing the problem through new legal avenues.

“This was a measure that we could take immediately and urgently, which we did. But we’ll continue to look for stronger protections for homeowners while not jeopardizing legitimate tenants.”

Speaking to reporters after a speech touting her housing package Tuesday, Hochul said the recent changes to state law were enacted “because it makes sense.”

“We’ve addressed this crisis so squatters do not have the same rights as tenants. That is firm. They can be prosecuted, and there will be consequences for them, so that is the message that should go out there.”

The governor also singled out the extensive media coverage for shining a light on the matter.

Language from Liu’s bill was included in the budget agreement signed by Hochul. Paul Martinka
Language from Liu’s bill was included in the budget agreement signed by Hochul. Paul Martinka

“I appreciate the media’s efforts in this space and it calls attention to a problem that has been there, but no one else stood up and did something about it. So I’m really proud that we can deliver for people.”

The squatter problem has become a rare instance where Republican and Democratic lawmakers find themselves in agreement.

Earlier this month, Republican state Sen. Mario Mattera introduced a four-part legislative proposal he dubbed the “War on Squatting,” which would allow cops to evict squatters on the spot based on a sworn complaint from a homeowner, without requiring them to go to court.

“With the continued lack of support for law enforcement and a pro-criminal mindset, we have seen an epidemic rise in squatting in New York State,” Mattera said in a statement.

“It is overwhelmingly obvious that the laws of this state fall way short of addressing the squatter issue effectively.”

Liu introduced Senate Bill 8996 on April 8 along with Assemblyman Ron Kim, a Democrat, which was sponsored by more than half a dozen Senate lawmakers. James Messerschmidt
Liu introduced Senate Bill 8996 on April 8 along with Assemblyman Ron Kim, a Democrat, which was sponsored by more than half a dozen Senate lawmakers. James Messerschmidt

Mattera said the proposal “seeks to reverse the current trend that favors squatters and trespassers over homeowners, restoring fundamental rights to the rightful owners of our great state.”

The proposed legislation would also make squatting a crime prosecuted under criminal trespass in the third degree, a measure also favored by Assemblyman Jake Blumencranz, a Republican, in his own anti-squatter proposal.

Blumencranz bill would raise the time period required before squatters could attempt to claim tenancy rights from 30 days to 45 days.

“We’re already going to start seeing both district attorneys and police take these situations more seriously,” the Assemblyman told The Post.

“Our hope is people will start thinking twice before they squat, because they won’t be afforded the tenancy rights they were traditionally given.”

The new anti-squatter legislation enacted this week is a “fantastic start,” Blumencranz said.

“If squatters are not provided tenancy rights, which is what it says in the budget, we are making a fantastic first step in the right direction when it comes to finding and eliminating this problem in New York State for its residents.”