Local Assemblywoman Attempts to Put a Stop to Illegal Squatting

One Upstate New York Assemblywoman is attempting to put a stop to the rights afforded to squatters who are holding up residence in a property illegally.

Assemblywoman Marianne Buttenschon (D-Marcy) announced she has co-sponsored the Property Protection Act. The legislation would protect homeowners' rights and add squatting to the definition of criminal trespassing (A6894).

“Squatting is defined as occupying a building or a home without the owner’s consent. Under current law, squatters are classified as tenants and gain homeowner rights after occupying a residency for only thirty days. After thirty days, the property owner must prove the residency is theirs and proceed with a lengthy eviction process,” said Assemblywoman Buttenschon. “This commonsense legislation will give property owners more protections and empower law enforcement to arrest squatters,” she added.

Buttenschon says, the Property Protection Act would remove the protections granted to squatters and change the legal definition of a tenant to exclude squatters. It would also make squatting illegal under New York State’s criminal trespassing laws.

Currently there are scenarios around the state, and even here in Central New York, where squatters have moved in and illegally occupied a residence, and refuse to vacate the property, all the while, they are protected under the law.

“It is unimaginable that someone can live in a home or building without consent and be granted legal protections after thirty days," stated Buttenschon. "My constituents should not have to fear that a person can live in their home or businesses without their consent and be granted legal protections. I will continue to work with my colleagues on a bipartisan basis to improve public safety in the 119th District and throughout New York State.