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A tragic scene unfolding at a million-dollar home in Flushing, Queens was captured on video by ABC7 NY.
Homeowner Adele Andaloro found herself handcuffed and arrested after a standoff with individuals who illegally occupied her family's residence.
The conflict began when Andaloro inherited the house after the death of his parents. While preparing the property for sale, she was shocked to find that the locks had been changed and strangers were living inside.
“It's not fair that as a homeowner I have to go through this,” Adele Andaloro said.
“I'm really scared that these people will steal from my house and run away,” he said.
ABC7 NY's cameras were rolling as Andaloro, accompanied by her daughter and armed with her property documents, attempted to reclaim her home. When she arrived, the doors were closed, but seeing the opportunity, a woman opened the door and walked out of the premises.
Inside, they found two men, one of whom claimed to have visited just two days earlier. The people, whom Andaloro says are trespassers, called the police.
Police responded to the scene and ousted them from the premises after failing to obtain proof from them that they had stayed in the house for more than 30 days.
Officials cautioned Andaloro about changing the locks, pointing out possible legal repercussions.
Despite warnings, the situation deteriorated rapidly. Moments after the police left and the locks were changed, Brian Rodriguez, the man alleged to be the lessee, returned with another man previously removed by police. They forcibly returned to the property, leading to Andaloro's arrest for unlawful eviction.
When Eyewitness News asked Rodriguez for documents, he did not produce a lease, but instead produced bills for work he claimed he had done on the home. He said he had moved here only a few months ago and had signed the documents with a realtor, though he did not reveal the identity of the realtor.
Trespassers' rights in New York, often called “adverse possession”, establish that a person occupying land or property without the owner's permission can, under certain conditions, acquire legal ownership of that property.
According to Grok:
- Squatters can claim legal ownership of property in New York City by meeting specific requirements, including paying property taxes and making improvements, as well as continuous, open, notorious, and hostile occupation of the property for a statutory period.
- In NYC, squatters must occupy a property continuously for at least 10 years to claim adverse possession. However, there is a unique 30-day rule that allows illegal residents to claim legal residency after living in a property for only 30 days.
- After 30 days of living in a property, a squatter can be considered a legal tenant in New York, making it more difficult for property owners to evict them.
- To evict a squatter in New York, property owners must give a formal notice, file an eviction lawsuit if the squatter does not vacate, and have specific notice period requirements depending on the state. Following this, law enforcement assistance must be sought for removal if necessary.
- Squatters in NYC can be evicted by the property owner at any time, but the eviction process can be lengthy and expensive.