The 2024 state budget in New York included a clear definition of a squatter, which is someone who enters or intrudes upon real property without permission and continues to occupy the property without the owner’s consent. Despite this definition, a New York City attorney believes more can be done to protect homeowners and landlords from squatters. Several states, including Florida, have passed laws to prevent squatting. In Florida, Gov. Ron DeSantis signed legislation that made it easier for law enforcement to intervene in squatter disputes. The law also increased criminal penalties for squatting.
The Florida law was influenced by real-life stories of individuals like Patti Peeples, who had squatters in her home for 36 days. Her testimony helped get the bill passed, as lawmakers listened to the concerns of everyday citizens. The law aimed to give homeowners the ability to quickly and legally remove squatters from their property. In contrast to other states, Florida’s laws were geared towards preventing squatting from becoming a widespread issue.
In New York, particularly New York City, lawmakers defined a squatter in the 2024 state budget signed into law by Gov. Kathy Hochul. The language provides a clear definition of what constitutes squatting and makes it easier for police to intervene in such situations. However, according to real estate litigation partner Daniel Phillips, defining a squatter did not change existing laws pertaining to squatters. Phillips believes New York could do more to protect homeowners against squatters, such as creating a special courtroom for these cases with accelerated court dates.
Professional squatters, who move from house to house and retain state-by-state knowledge of squatting laws, pose a challenge for homeowners and landlords. In addition to the definition of a squatter, New York also implemented the Good Cause Eviction Law, which protects fair-market tenants from being removed from their apartments without justifiable cause. Phillips clarified that while the definition of a squatter was included in the law, it did not bring about significant changes in terms of protecting homeowners from squatters.
Mental and physical ailments can develop among homeowners overtaken by squatters, according to experts. The presence of squatters can cause significant stress and financial strain on property owners. By sharing their stories and advocating for legal changes, individuals like Patti Peeples have been instrumental in driving legislative action against squatting. The implementation of clearer laws and processes for removing squatters from properties could help alleviate the burden on homeowners facing such challenges.
