Re: Illegals Take Over NY Woman's Home, Police Arrest Her

shawn <nanoflower@notforg.m.a.i.l.com> wrote:

Mon, 25 Mar 2024 19:28:02 -0000 (UTC), Adam H. Kerman <ahk@chinet.com>:

BTR1701 <atropos@mac.com> wrote:

Adam H. Kerman <ahk@chinet.com> wrote:

BTR1701 <no_email@invalid.invalid> wrote:

First the government tells us we have to tolerate illegals breaking
into our country. Now they're telling us we have to tolerate them
breaking into our homes and kicking us out of them and if we do anything
to stop it, *we'll* be arrested.

The wheels are coming off the bus, folks.

https://m.youtube.com/watch?v=6TLXG1I-bUU

I read about this one. The police told her state law prohibited her from
shutting off utilities if someone claimed to be a tenant.

She didn't shut off the utilities, she just did to them what they did to
her. She waited until they were gone and then entered the home through
an open door (not even any breaking and entering involved) and changed
the locks. That's literally what they did to her and when she complained
the cops said it was a civil matter and wouldn't do anything. But when
she did it to them, it suddenly became a criminal matter and they
arrested her.

So she was arrested for theft of the criminal's personal property given
that she changed the locks? It's been a few days since I read it so I
forgot details. The significant point is that the cops at no point
believed the criminal.

I think part of the problem is another part of NY law that gives
someone who manages to stay in a property for more than 30 days some
sort of legal protection. (Can't remember the specifics)

That's the squatter law which is why I refuse to call these people
squatters. It applies ONLY to abandoned property. It has nothing to do
with finding a house vacant because the owner is on vacation or the
owner moved out as the property is for sale. Those are not vacant
property. Criminals have moved into properties that are clearly NOT
vacant as the owner's possessions are still there and the place is
obviously being cared for.

The criminal was not claiming squatters rights but falsely claimed to be
the tenant with a lease.

Which seems
crazy to me as it gives criminals rights that make the situation
unclear between the legal owner and the criminals when it seems clear
the owner should be able to kick them out immediately.

Though in any case she (as the owner) should be able to serve notice
and evict them in 30 days no matter what.

It doesn't work like that. This is a criminal. He won't obey the
eviction notice. Then it requires a court judgement which is several
months away and court won't make it effective immediately and won't
require the tenant to pay unpaid rent.

In other states in which I've read successful strategies to get
criminals the fuck out, it's involved leasing the property to a tenant
to give someone the actual right to occupancy who then puts the personal
property of the criminal outside on the front lawn so the rightful
occupant cannot be charged with theft.

Yes. That's the guy on the Steve Lehto video from some time ago and a
second video within the last week.

So she couldn't just move in herself and toss their goods on the lawn?

If she doesn't have a lawn, I don't know if there's a difference in her
legal standing if she puts their belongs in the public way.

The reason to do that is to avoid being accused of theft.

She didn't do that.

Note that I refuse to use the word "squatter" which I'll note that you
hadn't either. "Squatter" has to do with adverse occupation of land THAT
HAS BEEN ABANDONED. A criminal moving into a home that is vacant but not
abandoned is not a squatter.

This law, which was never intended (supposedly) to apply property that
had NOT been abandoned, has been abused by criminals for decades but the
legislature has never amended it.

A home is easily the most expensive asset the average person will own in
their lifetime and it stuns me that there's so many ways and the law
makes it so easy to take that asset away from you. It's much harder for
a criminal to "legally" steal your car than it is for him to steal your
home.

I can think of a strategy that would get the legislature to IMMEDIATELY
amend state law. Choose the district home of a state legislature who is
in Albany during session who is either unmarried or whose family is
away. Mention this fact to a potential criminal anonymously.

Given that NY has a number of homeless it shouldn't be too hard to
find some willing people to take up the cause.

Heh.

. . .