Recent reports about social media trends encouraging individuals to exploit “squatter’s rights” laws are raising concerns for property owners. It’s crucial to understand this complex issue and proactive steps landlords and associations can take.
The reason is a legal loophole that gives would-be trespassers the right to stay in possession if they only stay in a property long enough to claim legal residency — otherwise known as “squatter’s rights.” In New York City, it’s only 30 days of living at a property.
So a homeless migrant just has to stay below the radar for 30 days and then the property owner has to take them to Court to have them legally removed. The process can be complicated and takes a long time. Unlike a known tenant, the squatters are anonymous in most cases and have to be served and then usually they won’t show up in Court. After multiple adjournments which the Courts routinely afford tenants who don’t appear, a property owner will get a default judgment of possession and eviction. Then, a lockout by a marshal has to be scheduled and occur. If the squatter shows up in Court and argues against the eviction, they might be able to steer the proceeding to a trial which adds time to the process. It is extremely frustrating to property owners and now influencers are trying to rally migrants to find abandoned property and squat to take advantage of our system which protects people who trespass and take possession of the property of others.
Proactive Steps for Property Owners
- Regular Monitoring: Frequent inspections of vacant properties help identify potential squatters early, before they establish strong legal claims. With all the news around this issue, if you have a property, get to it quickly now and make sure you aren’t already a victim of squatting.
- Secure the Property: Board up windows, keep utilities disconnected, install alarms, and maintain overall good condition to deter squatting.
- Documentation: Meticulous records of ownership, property upkeep, and lack of permission for occupancy strengthen your legal case.
- Time is of the Essence: The moment you suspect a squatter, consult with an attorney specializing in landlord-tenant law. Delays work in the squatter’s favor.
Challenges for Condos & HOAs
In the condominiums and homeowners associations that we represent, squatting happens to owners and because the association doesn’t own the property, it is difficult to address the squatting. Coops are a different form of ownership where the coop owns the building, so it can take action as the owner against squatters. There are tactics that experienced counsel can take for the boards.
What Condo & HOA Management and Owners Can Do:
- Check Governing Documents:
- Bylaws/Rules: Look for provisions on unit owner responsibilities for vacant units, security measures, or authority granted to the board in exceptional circumstances.
- Lien Authority: Investigate if the association has a lien for unpaid assessments that could form the basis for a foreclosure action, which might indirectly resolve a squatting issue.
- Consider amending the governing documents to give the association more rights in these squatting situations.
- Support the Owner:
- Notify & Advise: Alert the unit owner immediately and advise them to seek urgent legal counsel specializing in eviction proceedings.
- Enforce HOA Rules: If the squatter is causing disturbances violating HOA rules, fines or other sanctions against the unit owner may add pressure to act.
- Security: Consider enhancing association-wide security to deter squatting.
- Bring a Nuisance Injunction Action: The association usually has authority to bring lawsuits to abate nuisance conditions or rule violations. If so, the association may be able to commence suit to stop nuisances or violations by the squatters which may pressure them to leave.
