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Metro


HOMEOWNERS SCORE LEGAL VICTORY OVER SQUATTERS IN NEW YORK AFTER ‘OPTICS’ OF
LANDLORD HANDCUFFED IN $1M HOME HEIST PUSHED LAWMAKERS ‘OVER THE FINISH LINE’

By Fox News

Published April 24, 2024, 8:05 a.m. ET

The “optics” of a homeowner handcuffed after changing the locks on a squatter in
her Queens home worth $1 million pushed New York lawmakers to enact a harsh new
law to protect property owners, a real estate attorney told Fox News Digital.

A portion of New York’s 2024 state budget agreement, signed into law by Gov.
Kathy Hochul Monday, specifically excludes squatters from tenant protections
under state law. 

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The language defines a squatter as someone staying on a property without
permission from its owner or the owner’s representative.

This wording, lawmakers said, will make it easier for police to intervene in
squatting cases, sparing homeowners months or even years in housing court.

Real estate lawyer Michael Romer told Fox News Digital the case of Brian
Rodriguez pushed lawmakers “over the finish line” to pass anti-squatter
legislation.

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Rodriguez had allegedly commandeered and subletted a home in Queens and summoned
police to detain owner Adele Andaloro after she tried to change the locks.

“I think this is what pushed it over the finish line, the investigation
surrounding this case and the media surrounding this case. The optics of a
homeowner being taken from their own home in handcuffs. That picture is what
inspired Albany to act earlier today,” Romer said.

“If somebody was effectively squatting or staying in a property that didn’t
belong to them and that happened for at least 30 days, then according to the
prior laws, that squatter would effectively be considered a tenant and would
have to be evicted in the court system,” Romer explained. “What this bill change
effectively does is it changes the definition as to what a squatter is and no
longer affords them tenant’s rights.

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“It’s a game changer.” 

3
When Rodriguez claimed that he was a legal tenant, police had no choice but to
remove Andaloro from the property.  ABC7

Rodriguez, 35, pleaded not guilty to second-degree burglary, fourth-degree grand
larceny, fourth-degree criminal possession of stolen property, second-degree
criminal trespass and fourth-degree criminal mischief last week, according to
the Queens District Attorney’s office. 

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On Feb. 29, the office said, Rodriguez forced his way back into Andaloro’s home
after she changed the locks and tried to hold the door closed. When he claimed
that he was a legal tenant, police had no choice but to remove Andaloro from the
property. 

The subsequent press coverage, Romer said, prompted the district attorney’s
office to build a case against the 35-year-old squatter. At least four lawmakers
penned legislation to protect homeowners from squatters after his arrest, ABC 7
reported. 

Andaloro was removed from the property but is not facing criminal charges, the
Queens District Attorney’s Office told Fox News Digital. 

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3
Rodriguez pleaded not guilty to second-degree burglary, fourth-degree grand
larceny, fourth-degree criminal possession of stolen property, second-degree
criminal trespass and fourth-degree criminal mischief. James Keivom

Rodriguez’s arrest followed a series of high-profile squatting incidents covered
by Fox News Digital.

One squatter, Cheng Chen, was arrested after allegedly starting the fire that
burned a home in Dyker Heights, Brooklyn, to the ground earlier this year,
causing $900,000 in damage, according to the New York Post.

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But even after the 67th Street home became uninhabitable, neighbors said at a
rally earlier this month, his fellow squatters took up residence in its
backyard.

Owner Zafar Iqbal, 53, told the New York Post he was left powerless by the
squatters who “have more rights” than homeowners. He continues to try
to refurbish the property, but the unwelcome guests just “keep coming back.” 

3
At least four lawmakers penned legislation to protect homeowners from squatters
after Rodriguez’s arrest. Paul Martinka

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“I got a call from the fire department that the house is burnt out. Somebody got
in there and torched my house,” he said. “That’s when I found out it was a
squatter living there. The squatters have more rights than the homeowners. I’m
the owner of the house. How much more can I do? I need help.”

Romer told Fox News Digital he has seen an “uptick” in instances of squatting
complaints from clients compared to his earlier 20 years practicing real estate
law. 

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State Sen. Jessica Scarcella-Spanton said “no one should return home to find
their property seized by squatters, who now have more rights on their property
than they do.

“For too long, my constituents have grappled with the current reality where
individuals unlawfully occupy their spaces without any recourse. We witness
distressing scenarios unfold in the news week after week — hardworking
homeowners facing legal repercussions for rightfully reclaiming their own
property from individuals who brazenly occupy it without consent.” 


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Filed under budget ,  kathy hochul ,  lawmakers ,  squatters ,  4/24/24

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