The problem of squatting is out of control and homeowners in many states – particularly New York – have been learning the hard way that it can be nearly impossible to get rid of the invaders. That’s because state laws provide more protections for squatters than they do for the owners and lawful residents. But as the New York Post reports, at least some homeowners have found ways to overcome these obstacles and retake control of their property. They cover the story of Mohammed Choudhary and his business partner Boysin Lorick. They bought three houses in Coney Island in 2020 for more than one million dollars so they could renovate them and rent them out. But while they were locked down during the pandemic, squatters moved into one of the homes and began renting out the other two, keeping the money for themselves. However, the two men found a way to legally have the squatters removed.
“Squatters put in rooms that should not have been built,” Choudhary said, noting that intruders had erected temporary walls to create more bedrooms.
Once he notified the DOB about the illegal construction, that was a way to legally evict the squatters. In December 2022, the NYPD and a fire marshal, operating under a DOB vacate order, ousted the ringleader and nine illegal occupants.
Still, Choudhary was taking no chances on them coming back.
“I paid some of them $500 to $1,000 to leave quietly and permanently. The police said I did not have to do it. But I didn’t care,” he said. “They finally left and we got our houses back.”
When you go to the police in New York to ask for squatters to be removed, they tell you to go to the housing court. But that court is backed up for ages and after 30 days, the squatters inherit “rights” to remain on the property, which is insane. Choudhary was only able to convince the Department of Buildings to issue an eviction order after he found code violations at the property. But not all squatters are going to start construction projects and commit code violations. He also paid some of the squatters to leave. That should not have been necessary. After the homeowner shows the police a valid deed, they should immediately move to remove the squatters if they can’t produce a valid lease. (They won’t be able to do so and forging a lease is an additional crime they should be charged with.)
Another homeowner in Oregon was able to take back her home after four squatters moved into a rental property she owned. She checked the mail and found the name of one of the squatters. She took that to the police and they found that the person had a criminal charge against them. It was only then that they came and removed the squatters. But just as with the previous case, that isn’t going to work for everyone. Not all squatters are going to register their new address and begin receiving mail there. Even if they do, not all of them will have criminal records or outstanding warrants. Just as with the case in New York, the homeowner shouldn’t have had to jump through those hoops. The police should have broken in immediately and removed the squatters in handcuffs.
Other advice offered in the linked article includes tips such as “move in a new tenant quickly” after vacating the premises. But finding a new tenant can be challenging and it can’t happen quickly if you have to do renovations first. Another owner in Washington monitored his property and waited for the squatters to go out. When they did, he quickly broke in, put all of their things out on the lawn, and changed the locks again. But that’s a risky move when you don’t know how long the squatters will be out.
None of these tips seem to be terribly useful and they all miss the point. We need to have these “squatters’ rights” laws changed and we need law enforcement officers to be trained in the removal of illegal occupants quickly and efficiently. Unless and until that happens, we’re going to continue to be plagued by this problem, particularly in light of the army of illegal migrants flooding the country and looking for lodgings. When the laws make it easy for them to illegally occupy properties, you know that’s exactly what they are going to do.