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SmallSpoonBrigade
Nate The Lawyer
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Comments by "SmallSpoonBrigade" (@SmallSpoonBrigade) on "New York Ends Squatters Rights After Migrants Start Taking Over Homes." video.
Squatter's rights are a way of dealing with abandoned property. If you've got a vacant lot that's been seemingly abandoned, squatters rights allow people to move in openly and treat it as if it's their property. After a period of time if the owner, or one of their agents, hasn't had them removed the ownership is transferred. Normally, this takes enough years that it's not much of a problem. This is different though, this is abusing the way that tennant rights work based on cops unwillingness to intervene in what could be a civil matter. What they should do is handle it like trespassing and burglary if there aren't any lease documents provided. That will probably lead to other issues, like forgeries, but that would itself be a felony that could include some sort of repayment of the lost rent.
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Yes, and that's a real problem. If the cops are called during the initial break in, that's something that they can and do arrest people for. If the cops aren't notified until after they've already moved in, they'll often try to treat it as if it's a civil matter, even if the squatter had to break and enter before changing the locks.
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They aren't supposed to. The way it's supposed to work is that they're supposed to be living there in defiance of the owner for some period of time. If they're doing it without the knowledge of the owner, that time doesn't typically count. It's supposed to be the equivalent of homesteading on somebody else's property where the owner has years during which to object and have them removed. The problem is that the police don't actually remove the people the way that they would if they were in a store. If the store owner/manager, says somebody isn't allowed to be at the store, the police will tell them to leave and if necessary arrest them. For some reason, that doesn't apply in cases like this, even if there are no documents to demonstrate that the squatter is leasing the unit.
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@scudfarcus4343 Yes, and that's typical of most state laws on the matter. The issue here is that this isn't handled like trespassing. The woman that was arrested can't just come back later with a copy of the deed and have the man removed for trespassing, and probably burglary, she has to just leave it alone and file paperwork with the court.
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Why is tictock allowing this influencer to coach people on how to break the law? Perhaps some of these people who have to go through this should consider suing the company for enabling this.
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