A recently introduced bill would attempt to roll back squatters’ rights in New York, making it easier for landlords to remove tenants occupying the premises illegally. The bill comes after a high profile case involving a woman arrested for changing the locks on a property she owns and alleged that there were squatters occupying the premises. If successful, the bill could have a dramatic effect on the rights of tenants throughout New York, not just for squatters.
What are Squatters’ Rights?
Squatters’ rights (which is more formally known as the doctrine of adverse possession) is the term for the legal rights that a person occupying property has until and unless the owner of the property removes them from the property. Among other things, these rights allow squatters to remain on a property, provided they meet certain specific criteria. This means they are entitled to similar protections as tenants, and must be evicted in a manner similar to evicting a tenant with a formal lease.
How Do Squatters’ Rights Protect People?
Squatters’ rights help to protect people by preventing landlords and property owners from removing tenants without first going through a formal legal process. This gives tenants the opportunity to prove their right to be there, and also prevents properties from simply sitting vacant when the ownership of a property is in question. So long as the squatters live in the property openly and continuously, and use the property as true owners would, the squatters can even potentially become full owners of the property if they are not removed.
What Would This Bill Do?
The new proposed bill would significantly limit squatters’ rights across New York State, removing many of the protections they currently receive. Specifically, landlords and property owners would no longer need to go through the formal legal process to have them removed from the property. Instead, they could simply claim they are squatters and have them evicted, with no need of an extended legal process.
What Impact Could This Have?
Such a bill would be helpful for landlords and property owners who struggle to remove squatters through legal means. However, it could open up avenues for landlords to circumvent the eviction process by claiming their tenants are squatters. Unless carefully crafted, revoking these protections could negatively impact the rights of all tenants across the state.
If you are in a dispute with your landlord and want to know more about protecting yourself, do not wait until it is too late. You should seek advice from an attorney experienced in handling landlord-tenant disputes, who can advise you on your rights and help you avoid the risk of eviction. Contact the skilled landlord-tenant attorneys at Hobson-Williams, P.C. Contact us online, toll-free (866) 825-1529 or (718) 210-4744 to discuss your rights and the solutions available to you.
Written by Tanya Hobson-Williams
Appointed to the bench by the Board of Trustees in 2008, and elected in 2009, Tanya Hobson-Williams was the first African-American Female Justice in the Incorporated Village of Hempstead. Tanya Hobson–Williams obtained her B.A. in Government and Politics from St. John’s University and her law degree from Benjamin N. Cardozo School of Law.
Tanya Hobson-Williams has an active elder law practice assisting senior citizens in obtaining Medicaid for Home Care and Nursing Home Care. She routinely lectures at senior citizen centers, assisted living facilities, law schools and counsels families on a variety of topics of concerns to families caring for the elderly.
