If you haven’t been following the insanity of the saga of Adele Andaloro, you are missing out on what may be the most mind-boggling saga in New York right now, and if you own a home here and are not careful, her story can easily become yours.
Andaloro is a homeowner in Flushing, Queens, who is fighting squatters in the home she inherited from her deceased parents. When she went to the home on February 29 to confront the squatters, she decided to change the locks when the “tenants” were out. This move got her arrested by the police.
How, you ask? Because in New York City, squatters’ rights kick in after just 30 days in the home. Once the thieves are considered to be inhabiting the home after these 30 days, they are to be treated as tenants, and thus, changing the locks violated the squatters’ rights. So, to recap: Squatting in a home is a civil matter; forcibly evicting squatters from the home they are illegally occupying is a criminal matter.
Now we can spend the rest of the space of this article going through the history of squatters’ rights, why they exist, and how New York’s laws kick in after only 30 days. We could discuss how important it is to get in touch with local government representation and demand these laws be amended. After all, one of our Flushing neighbors was just arrested for trying to evict squatters by force. We also can delve into the idea that these squatters are just poor people looking to find shelter in a tough city, why that notion is absolutely abhorrent, and that these people know exactly what they are doing and only want the homeowner to fork over a boatload of cash in order to get them out because they know that it would be cheaper than hiring lawyers. But we won’t spend all that time on this because there is a myriad of opinion pieces on these topics online, especially since Andaloro’s story went viral on every social media platform out there.
Instead, we will focus on avoidance. How can you be sure that this will not happen to you? The first area to look at is who is potentially vulnerable to becoming a squatter’s victim. Most people live in the houses and apartments they own. In our neighborhood, potential victims fall into one of four categories: Inheritance, Landlords, Snowbirds, and Young Families. Let’s look at each one individually.
- Inheritance. The most obvious case is one just like Andaloro. If you inherit a home, you may be subject to squatters, especially those who knew the people who bequeathed the home. If individuals outside your circle of trust know the home is vacant, they have the ability to pose as squatters. This is especially dangerous if you live out of town and aren’t here to keep an eye on the place regularly.
- Landlords. The disadvantage for landlords is that often, vacant homes will be publically listed. All a squatter has to do is look for homes that have been vacant for more than 30 days, take up residence, and forge a few documents. They can claim to have been there for 30 days, and the police will not be able to do anything because this is now a civil matter.
III. Snowbirds. I am classifying this section as snowbirds, as they are often away from their homes for extended periods of time, but this really applies to anyone who leaves their home for a while. Remember, these squatters are professionals. They can stake out a home and see if it is abandoned, even if it’s not publically listed.
- Young Families. While young families are typically not taking extended vacations, they do tend to have children. And when they do, they may stay out of their apartments for extended periods of time. If this category is mostly renting, that does not mean they are immune from this. This is especially true in apartments that allow subletting. While it’s less common to have squatters in a rental, it’s not impossible, and even if the landlord gets involved, you may still be on the hook to pay for utilities and damages to the property.
The key is that as long as this is a civil matter, the squatters may never even face criminal charges. And if you end up paying them off to leave, the likelihood of criminal charges greatly decreases. So the best thing would be to try to avoid it in the first place. Remember, the faster you take action, the less likely the squatter succeeds. Here are some safety tips to put in place:
- Motion Detectors. Is the home vacant? Set up motion detectors to see if anyone is moving about the property when they should not be. Obviously, cameras would be a good idea as well. If you find people in your property, you can take action faster.
- Have Lookouts. Tell a trusted neighbor or relative that you will be gone for an extended period and that nobody should be entering the property. If they see someone, they should let you know.
- Security System. I mean, this one should be obvious, but the higher-end systems may be able to help you out further by notifying the police if someone is in the property that should not be there. You may not even need to take any action at all.
- Manual Visits. This may be easier for some than others. If you are not living in the property but are close enough to continuously check, do it. Visit at least once a week. Catch squatters before they can claim squatters’ rights.
You should be aware that the system in place may take longer than 30 days to contest, but at least the complaint will have been initiated before the 30 days have passed. The squatters have not established residency yet, so it may not be illegal to change the locks when they leave. (Please consult a lawyer before taking that type of action.)
Speaking of which, what do you do if you find yourself in the same position as Adele Andaloro, with thieves in your home claiming to own it? It should go without saying that if you don’t want to get arrested, do not change the locks or cancel the utilities, as you could wind up in the back of a squad car.
I’m not sure if this will work, but I haven’t seen anyone try it yet. Simply become the squatter. When the squatter leaves to go buy groceries or something, move in, and claim that you actually live there and the squatter is trying to illegally evict you. The cops will not be able to arrest you the same way they cannot arrest the squatters, and they will be forced to take the matter up in civil court. Because they don’t genuinely believe they own the home and just want to make a quick $20,000 (yes, that’s a real possibility), they may just move on. Again, please consult an attorney before taking any action.
Izzo Zwiren works in healthcare administration, constantly concerning himself with the state of healthcare politics. The topic of healthcare has led Izzo to become passionate about a variety of political issues affecting our country today. Aside from politics, Izzo is a fan of trivia, stand-up comedy, and the New York Giants. Izzo lives on Long Island with his wife and two adorable, hilarious daughters.
