The ‘optics’ of a homeowner being handcuffed after changing a squatter’s locks in his $1 million Queens home has prompted New York lawmakers to enact a tough new law to protect owners, a real estate attorney told Fox News Digital.
Part of New York State’s 2024 budget deal, signed into law Monday by Gov. Kathy Hochul, specifically excludes squatters from tenant protections under state law.
The language defines a squatter as a person staying on a property without the permission of its owner or representative.
Lawmakers say the language will make it easier for police to intervene in squatting cases, saving landlords months or even years in housing court.
Real estate attorney Michael Romer told Fox News Digital that Brian Rodriguez’s case pushed lawmakers “to cross the finish line” to pass anti-squatter legislation.
Rodriguez allegedly commandeered and sublet a home in Queens and summoned police to arrest owner Adele Andaloro after she tried to change the locks.
“I think that’s what pushed him over the finish line, the investigation surrounding this case and the media surrounding this case. The optics of a homeowner being taken from his own home in handcuffs. It was this image that inspired Albany to act earlier today,” Romer said.
“If someone squatted or actually resided in a property that did not belong to them and this continued for at least 30 days, then, under previous laws, that squatter would effectively be considered a tenant and should be evicted as soon as possible time limit. justice system,” Romer said. “What this bill actually does is it changes the definition of what a squatter is and no longer grants them tenant rights.
“This is a game changer.”
Rodriguez, 35, pleaded not guilty to second-degree burglary, fourth-degree grand theft, fourth-degree criminal possession of stolen property, second-degree criminal trespass and fourth-degree criminal mischief last week, according to the Queens District Attorney’s Office.
On Feb. 29, according to the office, Rodriguez forced his way into Andaloro’s home after she changed the locks and tried to hold the door closed. When he claimed he was a legal tenant, police had no choice but to evict Andaloro from the property.
The media coverage that followed, Romer said, prompted the prosecutor’s office to build a case against the 35-year-old squatter. At least four lawmakers drafted legislation aimed at protecting landlords from squatters after his arrest, ABC 7 reported.
Andaloro was evicted from the property but is not facing criminal charges, the Queens District Attorney’s Office told Fox News Digital.
Rodriguez’s arrest follows a series of high-profile squatting incidents covered by Fox News Digital.
A squatter, Cheng Chen, was arrested after allegedly starting the fire that completely destroyed a home in Dyker Heights, Brooklyn, earlier this year, causing $900,000 in damage, according to the New York Post.
But even after the 67th Street house became uninhabitable, neighbors said at a rally earlier this month, his fellow squatters took up residence in his backyard.
Owner Zafar Iqbal, 53, told the New York Post he was left powerless against squatters who “have more rights” than owners. He continues to try to renovate the property, but unwanted guests “keep coming back.”
“I received a call from the fire brigade informing me that the house was on fire. Someone came in and burned my house down,” he said. “That’s when I found out it was a squatter living there. squatters have more rights than owners. I am the owner of the house. How much more can I do?
Romer told Fox News Digital that he has seen an “increase” in cases of client complaints about squatting compared to his previous 20 years of practicing real estate law.
State Sen. Jessica Scarcella-Spanton said “no one should come home to find their property seized by squatters, who now have more rights to their property than they do.”
“For too long, my constituents have grappled with the current reality of individuals illegally occupying their premises with no recourse. We witness distressing scenarios playing out in the news week after week: hard-working property owners facing legal repercussions for rightfully reclaiming their own property from individuals who brazenly occupy it without consent.
New York Post
