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Unlawful Occupation Leads to Disturbing Confrontation in Flushing, Queens
A distressing incident transpired at a lavish property in Flushing, Queens, captured on camera by ABC7 NY. The homeowner, Adele Andaloro, found herself in a harrowing situation where she was handcuffed and detained following a confrontation with individuals who had unlawfully taken over her family residence.
An Unexpected Inheritance Turned Nightmare
The turmoil began when Andaloro inherited the home after the passing of her parents. When she started preparing the house for sale, she was stunned to find out that the locks had been changed, and strangers had assumed residency inside the premises without her consent.
Expressing her dismay, Andaloro emphasized, “It’s unjust that I, the rightful homeowner, have been forced into this distressing situation. I deeply fear that these individuals will manage to abscond with my property,” she added.
A Tense Confrontation Unfolds
ABC7 NY captured the intense moments when Andaloro, accompanied by her daughter and armed with the property deed, attempted to reclaim her home. Although the doors were initially locked upon their arrival, an opportunity arose when a woman unlocked the door and exited the residence.
Upon gaining entry, they encountered two men inside, one of whom claimed to have recently moved in. Andaloro firmly asserts that these individuals are squatters and promptly called the authorities on suspicion of trespassing.
Police intervention ensued, and after the men could not furnish proof of residing in the home for over 30 days, they were escorted out of the property. However, the officers cautioned Andaloro against altering the locks, citing potential legal consequences.
Legal Entanglement and Unexpected Developments
Despite the police advisory, the situation took a tumultuous turn. Shortly after law enforcement departed and the locks were changed, Brian Rodriguez, one of the men claiming to be a lessee, returned with another individual ejected earlier by the police. They forcibly re-entered the residence, leading to Andaloro’s arrest on charges of unlawful eviction.
Rodriguez, when pressed for evidence by Eyewitness News, failed to produce a lease agreement but instead brandished invoices for alleged work carried out on the property. Insisting he had moved in several months earlier and had engaged with a realtor, he refrained from disclosing the realtor’s identity.
The Complexities of Squatters’ Rights in New York
Squatters’ rights in New York, known as “adverse possession,” entail that individuals occupying land or property without ownership consent may acquire legal possession under specific conditions. Grok provides insights into these regulations:
- Squatters seeking legal ownership in New York City must fulfill defined criteria, including continuous, conspicuous, and adversarial possession of the property for a specified duration, alongside tax payments and property enhancements.
- In NYC, squatters must consistently occupy a property for at least a decade to assert adverse possession rights. Nonetheless, there exists a unique 30-day provision allowing squatters to establish residency after a brief period.
- Following a 30-day stay in a property, squatters can be recognized as legal tenants in New York, heightening the challenge for property owners seeking eviction.
- To remove squatters in New York, property owners must issue formal notices, initiate eviction lawsuits if necessary, and seek legal intervention for removal in compliance with stipulated notice periods.
- Though property owners can evict squatters in NYC at any time, the process is intricate and costly.
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