January 1, Squatters Exploit Loopholes, Spike in Cases Linked to Migrant Crisis & Pandemic Fallout

New York City faces a growing issue with squatters taking advantage of legal loopholes to occupy homes and apartments. The backlog of housing court cases and legal changes have made it increasingly difficult for landlords to evict these unwanted tenants, say legal experts.

Real estate attorney Josh Price asserts that squatting is more prevalent now than ever. Squatters are becoming more sophisticated, devising complex schemes and falsifying documents before breaking into homes.

In 2019, two city law changes now mandate landlords to file a lawsuit and undergo a “special proceeding” to evict squatters. Manhattan real estate lawyer Alan Goldberg has observed a 10-to-20% rise in squatter cases over the past two years, attributing this to the migrant crisis, post-pandemic homelessness, and media coverage. He believes increased publicity encourages people to consider squatting.

The issue stems from a legal loophole allowing anyone staying in a property for a specific time to claim legal occupancy, despite landlord objections. While the cutoff is 10 years in most of New York State, it is only 30 days within the five boroughs, leaving city property owners more exposed to unwanted homesteaders.

State court officials do not specifically track squatter cases, making it hard to determine their prevalence. However, some attorneys argue that squatting has long been a vexing problem in New York City.

Recent high-profile squatter cases have drawn lawmakers’ attention. State Assemblyman Jake Blumencranz is sponsoring a bill giving property owners greater power to evict squatters and criminalizing squatting as trespassing. He thinks the city’s cost of living crisis, housing crisis, and migrant crisis contribute to the problem.

The post-pandemic backlog of cases in the city’s housing courts has slowed down legal proceedings, with some squatter cases taking up to two years to resolve. Attorney Nativ Winiarsky attributes this to inadequate resources allocated to the housing court system, risking its collapse.

Real estate lawyer Price states that the situation has become a nightmare due to law changes and resourceful squatters. Squatters now use tactics like mailing themselves and forging leases to claim possession rights, making it harder than ever for owners to obtain a court date.

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