mocobizscene – Under New York law, squatters become legal tenants after just 30 days. Homeowners cannot remove them from the property by calling the police.
A Patchogue family is currently living through this nightmare. They have reached out to Team 12 Investigates due to their imminent risk of homelessness.
Kimberly Copenhaver has experienced the constant back and forth between hotels and sharing a one-bedroom space with her 70-year-old mother and 13-year-old son. Just a short 20-minute drive away lies their family home, a beautiful three-bedroom ranch that her mother has owned for two decades.
For the past five months, however, their home has been occupied by strangers. When the family left town for a few months, squatters took over the property.
Copenhaver explained that in February, he reached out to his best friend, who had been looking after his house, to inform him that they would likely return home in the summer. However, when Copenhaver’s mother arrived at the house in late June and attempted to enter, she discovered that there were other people already occupying it.
According to Copenhaver, their house-sitting friend took the opportunity to rent out the house while they were away illegally. Unfortunately, the family discovered this truth only after it was too late.
“Under New York state law, if a person is in the home for 30 days, they are considered a tenant with rights and you as the homeowner cannot take action on your own,” said attorney Ann-Margaret Carrozza. “You cannot turn off the utilities. You cannot get rid of their possessions. You would have to go through a court eviction process and anyone who’s been through that process knows that it can take about a year.”
When Copenhaver and her mother were finally granted a court date to initiate the eviction process, the case was adjourned for two weeks. This unexpected turn of events provided the tenants with an extended duration to reside in the house.
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