homeowner arrested for getting rid of squatters

[ohio herd]

How is this even possible?

https://nypost.com/2024/03/19/us-ne...arrested-after-tense-standoff-with-squatters/

How would Rifle handle this if these fellows showed up at one of his luxurious domiciles ? A few days ago i read another article about this happening in Rich Beverly Hills Ca. Seems like it happens often and every time the owners are having a hard time getting rid of these people.

 

[Raoul Duke MU]

Her mistake was making a show of it, bringing the news with her. Or herself even showing up at all.

I know of a similar situation in WV back in the day. Let's just say the squatters were persuaded to leave peacefully...or they could have chosen to leave on stretchers.

 

[30CAT]

Her mistake was making a show of it, bringing the news with her. Or herself even showing up at all.

I know of a similar situation in WV back in the day. Let's just say the squatters were persuaded to leave peacefully...or they could have chosen to leave on stretchers.

I like your approach, but the laws do need changed.

 

[HerdandHokies]

Not being able to do self-help evictions is overall a good thing, even if the law accidentally helps squatters as well. The owner could’ve just followed the legal eviction process, which exists for a reason, but decided to go ahead and shoot and post mycrimes.avi and complicate her life.

 

[30CAT]

Not being able to do self-help evictions is overall a good thing, even if the law accidentally helps squatters as well. The owner could’ve just followed the legal eviction process, which exists for a reason, but decided to go ahead and shoot and post mycrimes.avi and complicate her life.

Squatting should be completely illegal, especially if the squatters are in our country illegally. There should be nothing that protects them. Legal renters having to be evicted? Yes. I agree. But not for criminals. That's bullshit.

 

[HerdandHokies]

Squatting should be completely illegal, especially if the squatters are in our country illegally. There should be nothing that protects them. Legal renters having to be evicted? Yes. I agree. But not for criminals. That's bullshit.

Squatting isn’t legal* . The problem is someone has to sort through if someone is actually a squatter or if they’re a tenant who had some sort of falling out with a landlord. That’s why there’s an eviction process, to help sort that out.

*Yes there are edge cases, usually where someone believes they legitimately own a property for some reason, they pay the upkeep including taxes on it, make improvements, etc, over the course of several years, during which time the real property owner makes no claim to the property. Thats not what we’re talking about here.

 

[KyMUfan]

Over a month ago I started this thread about squatters in Atlanta.

Only in America - squatters' rights...

https://nypost.com/2024/02/06/news/squatters-take-over-1200-homes-in-atlanta-terrorize-neighbors/ https://www.bnnbloomberg.ca/atlanta-s-squatter-problem-is-vexing-wall-street-landlords-1.2026395

marshall.forums.rivals.com

 

[HerdandHokies]

Over a month ago I started this thread about squatters in Atlanta.

Only in America - squatters' rights...

https://nypost.com/2024/02/06/news/squatters-take-over-1200-homes-in-atlanta-terrorize-neighbors/ https://www.bnnbloomberg.ca/atlanta-s-squatter-problem-is-vexing-wall-street-landlords-1.2026395

marshall.forums.rivals.com

The issue there appears to be an overstretched court system, not excessive “rights” for squatters. They should fund and staff their system. And yeah that includes the sheriff office if they actually don’t have the manpower to do this.

 

[Marshall Jeff]

Bullets for squatters

 

[i am herdman]

Not being able to do self-help evictions is overall a good thing, even if the law accidentally helps squatters as well. The owner could’ve just followed the legal eviction process, which exists for a reason, but decided to go ahead and shoot and post mycrimes.avi and complicate her life.

I call it meet my friend called 12 gauge.

Or I will just make your miserable life more miserable

 

[KyMUfan]

The issue there appears to be an overstretched court system, not excessive “rights” for squatters. They should fund and staff their system. And yeah that includes the sheriff office if they actually don’t have the manpower to do this.

And possibly an overstretched illegal immigration system...

 

[extragreen]

If you want to find the idiot(s) just look for the cruel.

 

[GeauxHerd]

The issue there appears to be an overstretched court system, not excessive “rights” for squatters. They should fund and staff their system. And yeah that includes the sheriff office if they actually don’t have the manpower to do this.

The problem in Atlanta is a DA taking funds away from other casework to help pay for sex and trips….

 

[KyMUfan]

From the earlier story I mentioned. Bold and italics mine.

What you need to know about squatters in New York:​

What are squatter’s rights in New York?​

Squatters in New York state can claim a legal right to remain on a property without the owner’s permission after 10 years of living there. However, in New York City a person only needs to be on the property for 30 days to claim squatter’s rights.

Why is it so hard to get rid of a squatter?​

Squatters are allowed a wide range of rights once they have established legal occupancy, making it difficult to evict them.

How does someone become a squatter?​

Some of the scenarios in which a person becomes a squatter include: a tenant refusing to pay rent, a relative of a former owner refusing to leave the property or even a stranger who entered the property and never left.

According to Manhattan-based law firm Nadel & Ciarlo, squatters must have a reasonable basis for claiming the property belongs to them and must treat the home as if they were an owner — such as doing yard work or making repairs.

How can a property owner get rid of a squatter?​

A property owner must first send a 10-day eviction notice and then file a court complaint if the order is ignored. If approved by a judge, the owner can get a summons and have a sheriff evict the squatter.

Why does the law provide squatters with rights?​

The law was designed to help prevent long-term tenants from getting evicted. New York City’s law was partially made in response to vacant and abandoned buildings that were becoming a blight on the city.

How can property owners protect themselves from squatters?​

Owners should avoid keeping any properties vacant for an extended period of time. They should also make sure the building is secure, has adequate lighting and has surveillance cameras installed.

If a squatter does appear, owners should notify the police quickly before squatter’s rights are established.

 

[KyMUfan]

The problem in Atlanta is a DA taking funds away from other casework to help pay for sex and trips….

And excessive use of manpower and resources to go after a certain legal property manager...😉

 

[GeauxHerd]

Her mistake was making a show of it, bringing the news with her. Or herself even showing up at all.

I know of a similar situation in WV back in the day. Let's just say the squatters were persuaded to leave peacefully...or they could have chosen to leave on stretchers.

Plant a knife or un registered gun on them and claim self defense from a burglary or attack. Turn off the Ring Cameras. To beat the system one has to act like the system.

 

[Raoul Duke MU]

I like your approach, but the laws do need changed.

Anytime laws are being manipulated by bad-faith actors, the law needs revisited. Obviously this is not the kind of situation in which squatters rights evolved to protect someone.

 

[extragreen]

The problem in Atlanta is a DA taking funds away from other casework to help pay for sex and trips….

You're a liar.

 

[HerdandHokies]

It also doesn’t really have anything to do with “squatters rights,” a phrase normally used when talking about adverse possession, a very different situation.

This is people taking advantage of eviction laws and court backlogs. I’m not saying none of the laws need revisited but it seems that the existing laws aren’t being executed in a timely manner and that’s causing the problem. New laws that also won’t be executed in a timely manner probably won’t fix it.

Edit: what I don’t think you want to do is make self-help evictions legal, and put the onus on the evicted people to go sue the landlord after the fact. They're on the street at that point, and likely already had a massive resource gap versus the property management company. Which, I couldn’t care less what happens to actual squatters, but is going to be a big problem for a lot of legitimate renters caught up in property management bullshit.

 

[KyMUfan]

This is people taking advantage of eviction laws and court backlogs. I’m not saying none of the laws need revisited but it seems that the existing laws aren’t being executed in a timely manner and that’s causing the problem. New laws that also won’t be executed in a timely manner probably won’t fix it.

Not really. In many instances it is opportunists taking advantage of vacant (i.e. second homes, working away from home, for sale properties, etc.) properties and ILLEGALLY taking possession of them knowing there will be delayed and non-punitive action in MA y instances.

We aren't talking about renters needing eviction protection.

These are two complete and different matters.

 

[GeauxHerd]

You're a liar.

They have records of her using federal forfeiture funds to pay Wade. You are a Failure.

 

[HerdandHokies]

Not really. In many instances it is opportunists taking advantage of vacant (i.e. second homes, working away from home, for sale properties, etc.) properties and ILLEGALLY taking possession of them knowing there will be delayed and non-punitive action in MA y instances.

We aren't talking about renters needing eviction protection.

These are two complete and different matters.

I don’t know what we are disagreeing on. The laws are made to protect the renters needing eviction protection. Squatters are taking advantage of those laws (but really they’re mainly taking advantage of a huge backlog in enforcing those laws) to squat.

What law could we write that would deal with squatters but not harm renters needing protection? There might be one, but then again the issue would be enforcing it.

 

[KyMUfan]

I don’t know what we are disagreeing on. The laws are made to protect the renters needing eviction protection. Squatters are taking advantage of those laws (but really they’re mainly taking advantage of a huge backlog in enforcing those laws) to squat.

What law could we write that would deal with squatters but not harm renters needing protection? There might be one, but then again the issue would be enforcing it.

What we are disagreeing on seems to be your failure to see the illegality of what squatters are doing. They should not be afforded the same remedies as renters.

If I legally possess a firearm I should not be able to be arrested for possessing that firearm sense I have broken no laws by its possession. If I am a parolee that is not allowed by law to possess a firearm but do anyway, I am breaking the law and subject to arrest.

These people are gaining unlawful entry to these properties which is breaking the law. The time of discovery shouldn't make a difference in the application of that law.

Meanwhile Atlanta is sidetracked with other higher profile and political matters...

 

[Raoul Duke MU]

And possibly an overstretched illegal immigration system...

In OP's case, these squatters appear to be crackers, as Mayor Adams would say.

 

[HerdandHokies]

What we are disagreeing on seems to be your failure to see the illegality of what squatters are doing. They should not be afforded the same remedies as renters.

If I legally possess a firearm I should not be able to be arrested for possessing that firearm sense I have broken no laws by its possession. If I am a parolee that is not allowed by law to possess a firearm but do anyway, I am breaking the law and subject to arrest.

These people are gaining unlawful entry to these properties which is breaking the law. The time of discovery shouldn't make a difference in the application of that law.

Meanwhile Atlanta is sidetracked with other higher profile and political matters...

I’m not saying that the squatters aren’t doing something illegal, I’m asking who you want to distinguish between a legal renter and illegal squatter, and how you want them to do that. Right now it’s supposed to go through the court. But the courts are backlogged.

You own a house. You discover a squatter has been there. You call the police to kick him out. They show up and the guy says he’s renting it. What do you want the cops to do at that point? If you say “kick him out while it gets sorted out” then you’re going to be doing the same thing to legitimate renters.

What is it you want changed other than fixing the courts so it gets resolved faster?

 

[Raoul Duke MU]

These people are gaining unlawful entry to these properties which is breaking the law. The time of discovery shouldn't make a difference in the application of that law.

Which is why I said laws may need to be revisited, so there is less opportunity to confuse the matter. Obviously, 30 days in NYC, a period of time in which it is very easy to go undected, is providing opportunity to confuse the matter instead of someone's ass being arrested for B&E and trespassing.

 

[KyMUfan]

In OP's case, these squatters appear to be crackers, as Mayor Adams would say.

And in the case in Atlanta they were brothers as Mayor Adams would likely say.

Illegal immigration is stretching resources and stressing the legal system though.

 

[KyMUfan]

Which is why I said laws may need to be revisited, so there is less opportunity to confuse the matter. Obviously, 30 days in NYC, a period of time in which it is very easy to go undected, is providing opportunity to confuse the matter instead of someone's ass being arrested for B&E and trespassing.

Agree. Is 1 year sufficient before someone can claim squatters' rights instead of the 30 day window?

 

[i am herdman]

If you want to find the idiot(s) just look for the cruel.

Some mother ****er's living in my house or my property and squatting can kiss my ass.

 

[i am herdman]

What ever happened in this country where a man could be a man and run their ass off?

 

[HerdandHokies]

Agree. Is 1 year sufficient before someone can claim squatters' rights instead of the 30 day window?

Again we have to differentiate between what are actually “squatters rights,” which is adverse possession, and what is going on here. Those are two very different things.

Adverse possession can occur a few different ways, but one textbook example would be that person A buys a house next to person B. Person A thinks that includes a 2 acre section of the back yard which is actually owned by Person B. Person A fences it in, builds a cellar, pays taxes on it, etc for years without Person B ever saying anything. Person B decides they want that cellar after a decade and marches over to the courthouse, deed in hand, and says that land is mine. Person A has a strong case in most states here for adverse possession.

For that sort of thing you need a timeline of years.

Squatting is illegal. The problem we currently have is the system can’t quickly determine if someone is squatting.

 

[Raoul Duke MU]

Agree. Is 1 year sufficient before someone can claim squatters' rights instead of the 30 day window?

A quick search online shows that for the rest of NY State it's 10 years.

IIRC, WV is 5 years. I have a headful of WV legal knowledge, which is now just useless trivia in a category that will never appear on Jeopardy.

 

[KyMUfan]

A quick search online shows that for the rest of NY State it's 10 years.

That was referenced in my post as well as NYC's 30 days. This is a new and different form of squatting, just like flash mobs are a new way of shoplifting...

IIRC, WV is 5 years. I have a headful of WV legal knowledge, which is now just useless trivia in a category that will never appear on Jeopardy.

WV laws for $100 Trebek..

 

[Raoul Duke MU]

WV laws for $100 Trebek..

A conversation I had with a conservation officer in Indiana soon after I moved back home from WV:

Raoul: Do you mind if I ask you a question?

Officer: No, go ahead.

Raoul: I just moved here and was reading drug charges in the local paper, and frankly none of the legal terms used in Indiana law make a lick of sense to me. Can you explain a couple of them for me?

Officer: Why, are you on drugs?

 

[herdfan06]

I call it meet my friend called 12 gauge.

Or I will just make your miserable life more miserable

 

[mlblack16.]

I’m not saying that the squatters aren’t doing something illegal, I’m asking who you want to distinguish between a legal renter and illegal squatter, and how you want them to do that. Right now it’s supposed to go through the court. But the courts are backlogged.

You own a house. You discover a squatter has been there. You call the police to kick him out. They show up and the guy says he’s renting it. What do you want the cops to do at that point? If you say “kick him out while it gets sorted out” then you’re going to be doing the same thing to legitimate renters.

What is it you want changed other than fixing the courts so it gets resolved faster?

It's pretty simple, actually.

If the squatter paid rent and has a signed lease then they shouldn't get booted just for missing 1-2 month's rent. There should be protection to help prevent greedy/asshole landlords from booting them and making them homeless.

But most cases of squatting involve people who are trespassing. They don't own the property. They have no leasing agreement to be there. In what world do they have any rights? If I come home and there's a total stranger here, telling me they won't leave, then one of us will get carried out, possibly in a body bag. Squatters trying to take up residence in this manner are no different.

Only in the mind of a liberal would the obvious differentiation not be clear.

 

[HerdandHokies]

It's pretty simple, actually.

If the squatter paid rent and has a signed lease then they shouldn't get booted just for missing 1-2 month's rent. There should be protection to help prevent greedy/asshole landlords from booting them and making them homeless.

But most cases of squatting involve people who are trespassing. They don't own the property. They have no leasing agreement to be there. In what world do they have any rights? If I come home and there's a total stranger here, telling me they won't leave, then one of us will get carried out, possibly in a body bag. Squatters trying to take up residence in this manner are no different.

Only in the mind of a liberal would the obvious differentiation not be clear.

So you didn’t read my post at all.

 

[mlblack16.]

The laws are made to protect the renters needing eviction protection. Squatters are taking advantage of those laws (but really they’re mainly taking advantage of a huge backlog in enforcing those laws) to squat.

The laws KyMU posted are literally protecting squatters, not renters. How are you not seeing his point that any laws protecting renters are agreeable on both sides, but there shouldn't be any laws to protect squatters since the very foundation of their attempt to overtake someone else's property without purchasing is illegal. They are nothing more than trespassers. Maybe the example of the OP still relates to renters, but the discussion has turned into the argument of squatters, in general, and how squatting should be illegal, yet fruity ass liberals created laws for the lawless. Par for the course, I guess.

From the earlier story I mentioned. Bold and italics mine.

What you need to know about squatters in New York:​

What are squatter’s rights in New York?​

Squatters in New York state can claim a legal right to remain on a property without the owner’s permission after 10 years of living there. However, in New York City a person only needs to be on the property for 30 days to claim squatter’s rights.

Why is it so hard to get rid of a squatter?​

Squatters are allowed a wide range of rights once they have established legal occupancy, making it difficult to evict them.

How does someone become a squatter?​

Some of the scenarios in which a person becomes a squatter include: a tenant refusing to pay rent, a relative of a former owner refusing to leave the property or even a stranger who entered the property and never left.

According to Manhattan-based law firm Nadel & Ciarlo, squatters must have a reasonable basis for claiming the property belongs to them and must treat the home as if they were an owner — such as doing yard work or making repairs.

How can a property owner get rid of a squatter?​

A property owner must first send a 10-day eviction notice and then file a court complaint if the order is ignored. If approved by a judge, the owner can get a summons and have a sheriff evict the squatter.

Why does the law provide squatters with rights?​

The law was designed to help prevent long-term tenants from getting evicted. New York City’s law was partially made in response to vacant and abandoned buildings that were becoming a blight on the city.

How can property owners protect themselves from squatters?​

Owners should avoid keeping any properties vacant for an extended period of time. They should also make sure the building is secure, has adequate lighting and has surveillance cameras installed.

If a squatter does appear, owners should notify the police quickly before squatter’s rights are established.

 

[johns1124]