Jake Blumencranz, a New York state assemblyman, has proposed a change in laws that will look to revise property rights that aim to change the definition of what it means to be a tenant, excluding the term “squatters.”
The issue of squatters’ rights has generated debate across the country after incidents where property owners in certain states found themselves embroiled in legal disputes over individuals residing in their properties without their permission.
The Republican assemblyman who represents portions of the towns of Hempstead, North Hempstead, and Oyster Bay, has sponsored bill number A6894, which aims to amend current property legislation to “clarify the definition of tenant to exclude squatters.”
“For the purposes of this article, a tenant shall not include a person who enters onto a property with the intent of squatting on the property or other-wise settles on land or occupies property without title, right, permission of the rightful owner or payment of rent,” the bill’s summary reads. “Further adds occupying a building or real property without title, right, permission of the rightful owner, and with the intent of squatting in such building or real property, to the definition of criminal trespass in the third degree.”
Newsweek contacted Blumencranz’s office for comment via email on Monday.
Spencer Platt/Getty Images
In New York, current regulations stipulate that squatters can be considered tenants and acquire rights over a property if they have resided on it for at least 30 days. The new bill will change this rule to 45 days.
“To reclaim property from a squatter after thirty days, an owner must be able to prove a right to the property and proceed with legal eviction proceedings,” according to Blumencranz’s bill. “The special proceeding may give the owner an order that a sheriff can then enforce to remove the squatter. The owner may not remove the tenant himself.”
The issue of squatting has become a national story amid rising housing costs across the country. New York state has seen one of the highest rises in the median rent. The median rent in New York was nearly $2,900 in February, about a 13 percent jump from a year ago, according to data from Rent.com. As a point of comparison, the national median rent is about $2,000, which is a 2.25 percent increase from the same time a year ago. New York City, meanwhile, saw a more than 6 percent rise with median rent now at $4,200.
In his proposed bill, Blumencranz suggested that high housing costs contributed to the issue of squatting in his state.
“As a by-product of the strained housing market, squatters are infiltrating neighborhoods, entering empty properties and abusing the loophole in New York State law,” the bill said. “This legislation will remove the protection granted under current law and exclude squatters from the definition of tenant.”
Meanwhile, Republican New York state Senator Mario Mattera recently proposed “aggressive” legislative action to combat the “squatting epidemic” in the state while giving those wrongfully accused of camping out in someone else’s home a huge payout.
The proposal includes a set of bills, which Mattera’s office says is aimed at “protecting legal homeowners.”
Included in the proposal is Senate Bill 8867, which would allow police to immediately evict suspected squatters from residential properties, based solely on a homeowner’s sworn complaint. The new law would not require court action.
However, the state senator’s office said, “to balance the aggressive stance,” the new proposal includes “substantial civil protections for individuals wrongfully removed, including potential triple damages, restoration of possession, and attorney fees for the aggrieved party.”
The three other bills that are part of Mattera’s proposal changes the definition of an occupant under current law to exclude squatters and trespassers; bars squatters from receiving treble damages, which is an award of up to three times the actual damages, relating to cases of forcible or unlawful entry of a property or detainer; and clarifies that squatting is included in criminal trespass in the third degree.
All four of Mattera’s bills relating to squatters are in Senate committees.
Uncommon Knowledge
Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.
Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.