New York State Sen. Mario Mattera and Assembly member Ed Flood recently introduced new legislation aimed at making it easier for property owners to remove squatters from their land. The proposed bill, part of a larger set of measures, aims to roll back squatters’ rights and shift the burden of proof onto the accused squatter.
The legislation seeks to prevent property owners from misusing provisions, with penalties in place for wrongful removals. It targets a section of New York property law that defines a tenant as someone in possession for 30 consecutive days or longer, making it difficult for property owners to remove squatters without a lengthy eviction process.
This bill comes amidst media attention and viral stories about squatters, highlighting the need for reform in the legal system regarding property rights. While actual data on squatting remains limited, the proposal aims to address the exploitation of legal rights by squatters and ensure property owners have a more efficient process for reclaiming their land.
New York State Sen. Mario Mattera and Assembly member Ed Flood introduced new legislation last week that aims to make it easier for property owners to remove squatters from their land. The bill is part of a larger set of bills that aim to prevent squatters from exploiting legal rights afforded to legal tenants. The proposed measure shifts the burden of proof from property owners to accused squatters, putting the onus on the accused to demonstrate their right to occupy the property. The legislation also includes provisions to prevent property owners from wrongfully removing squatters, with severe consequences if they do.
The main target of the legislation is a section of New York property law that defines a tenant as an occupant who has been in possession of the property for 30 consecutive days or longer. Once a squatter is legally considered a tenant, they can only be removed through a formal eviction process, which can take up to two years or longer in New York. The proposed measure comes amid a wave of media attention and viral stories regarding squatters, such as a viral TikTok video suggesting immigrants take advantage of squatters’ rights laws to “invade” and “seize” empty houses.
While headlines about squatting are easy to find, actual data on squatting remains scarce. National news outlets have reported on the issue, claiming an increase in squatting cases, but widely used crime databases do not track the metric. In New York, attorneys for both landlords and tenants have stated that squatting is a rarity despite the increase in headlines. Overall, the new legislation aims to address the issue of squatters exploiting legal loopholes and make it easier for property owners to protect their land from unauthorized occupants.
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