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Homeowners losing money because of flawed NY laws

 

Homeowners are losing money thanks to a very flawed and horrible NYC law that protects squatters. These horrible NYC laws allow squatters to claim residence at a property if they stay for 30 days or more, even if they have no legal right to. This means people can basically break into a vacant property, like one that’s for sale, and then live there until the property owner takes them to court to get them out. Even worse, changing locks or turning the lights out might result in the property owner getting themselves in trouble. And guess what – people are fed up with it.

What is a squatter? A squatter, in New York, is said to be “someone who moved into a property and lives there without the owner’s permission or knowledge,” according to PropertyClub. At the point it said “without the owner’s permission or knowledge” should be the spot where police put the squatters in handcuffs for breaking in.  Fox5Ny talked about the situation with squatters and helped define some things in a news article about it.

It takes 30 days of occupancy for a squatter to be considered a legal tenant. The difference between squatting and trespassing is that a squatter has the intention of taking ownership or claiming the property as their own, according to the New York State Unified Court System. In New York, trespassing is ruled illegal, while squatting is often considered a civil matter that relies on the courts for eviction, according to FOX News. This could mean the squatter moves his or her belongings into the property and settles down. In some instances, squatters will even pay taxes to back up their possession claim.

So basically, the squatter is stealing property on top of entering property without permission. They’re coming up with falsified paperwork, paying a bill or tax, and using some generic paperwork to act like they have a right to be somewhere. Fox’s article talked about squatter rights next:

Squatter rights laws, known as “adverse possession,” allow an individual to occupy a property without the homeowner’s permission. In New York State, anyone who lives on a property for at least 10 years can claim a legal right to stay, according to the New York Post. Yet in New York City, a squatter can claim rights to occupy a property in just 30 days, according to PropertyClub. This means the rightful owner cannot legally lock them out, move their belongings or cut off the lights, according to state law.

If someone manages to stay somewhere for ten years without being noticed, then that’s actually somewhat hilarious. How do you not know someone moved into your place for ten years? That’s the property owners fault for ditching the property for that long. However, if the squatter was there for days and is noticed right away, then why would they have any rights to the property at all? The law should not provide any rights for squatters. The law should protect the property owners above all. There’s something seriously wrong with the law if it’s protecting people who break into residences instead of protecting the people who actually own the property. These laws in New York need to be revisited, big time.



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