How New York Lawmakers Can Bolster Protections Against Squatting
New York’s 2024 state budget signed into law in April included a clear definition of a “squatter,” but a New York City attorney believes more can be done to protect homeowners and landlords.
Several states across the country have passed laws to prevent squatting. One was Florida, where Gov. Ron DeSantis signed legislation in March 2024 that went into effect July 1.
New York lawmakers face a pressing issue with squatting. Leaving homeowners vulnerable can result in emotional and financial distress. With clear definitions of squatters now established, the state is halfway there, yet the journey is far from complete. One legal expert suggests that New York needs enhanced measures.
Insights from Florida’s Squatter Law
Several states have taken action. After recent events in Florida, where Governor Ron DeSantis championed a new law, local officials appear to be stepping up for homeowners. The law empowers residents to remove squatters quickly, reinforcing their rights to property ownership. “You are not going to be able to commandeer somebody’s private property and expect to get away with it,” DeSantis stated, sending a clear message.
The law’s intended purpose is straightforward: It aims to facilitate quicker interventions by authorities during squatter disputes. Thanks to it, there’s hope that property owners won’t be left helpless against unscrupulous individuals.
A Local Perspective on New York’s Response
The New York City legal community also grapples with the squatter phenomenon. Recent legislation from Governor Kathy Hochul’s administration simply classified squatters, but it feels like a flimsy shield against a growing issue. This legal revision barely scratches the surface of what homeowners actually need. The new definition states that a squatter is simply someone who unlawfully occupies a property, yet defining the term does not resolve the distress of those who experience it.
Daniel Phillips, a seasoned real estate litigation partner at Belkin, Burden and Goldman, provides additional perspective. “All it did was give a definition of what a squatter is, basically saying that they’re not tenants, which already existed,” he said, indicating that this legislation doesn’t offer actionable protections. Phillips urges for a more detailed outline of processes available to homeowners facing squatting, including police involvement and clear self-help measures, like changing locks.
Specific Measures Beyond Legislation
Reflecting on the Florida experience, Phillips suggests establishing specialized courtrooms dedicated to squatter disputes could prove beneficial. Accelerated timelines would empower landlords to navigate legal hurdles faster. “Creating a pathway for swift justice means protecting the homeowner’s peace of mind,” he added.
In times of distress, many homeowners feel a sense of isolation. The struggle against squatters often encompasses a whirlwind of emotions, from frustration to desperation. As stories unfold, they reflect not just a battle for property rights, but a profound sense of personal loss when one’s sanctuary is invaded.
New York must actively take lessons from fellow states while ensuring the emotional wellbeing of its residents remains a priority. Ultimately, it is not merely about property—it’s about people, their homes, and the security they deserve. In an urban environment known for its diversity, pushing for change should reflect this ethos.
