One Queens couple’s real-life horror story exposes the insanity of New York’s housing laws.
Retirees Susana and Joseph Landa, both 68, thought they’d landed a gem last October when they bought a $2 million home in Douglaston, Queens, near a family who could help look after their adult son with Down Syndrome.
But they have yet to move in, even as they’re stuck paying taxes and maintenance on the property.
Keep up with The Post's coverage of a Queens family's fight to regain their $2 million dream home from squatter Brett Flores
- How Queens squatter Brett Fisher-Flores cozied up to $2M home’s ailing former owner — and never left: source
- Why can’t squatters like Brett Flores get evicted, and how did it get to this point
- Squatter who refuses to leave $2M NYC home is a model who was once arrested for allegedly assaulting wife
- Queens couple buys $2M dream home to care for disabled son, only to find squatter living inside
- NYC squatter who refuses to leave $2M mansion is ‘wonderful’ man who cares for infant son on ventilator: pal
Brett Flores, a former caregiver to the deceased previous owner, has been squatting on the property since January 2023, per court documents, and refuses to leave.
He’s even reportedly trying to rent out rooms in the house.
But city law grants “squatters rights” that frustrate any attempt to evict anyone who claims to have lawfully occupied a unit for at least 30 days; that let Flores call the cops on the Landas when they tried to enter the home they own along with an insurance inspector.
They’ve been to civil court five times to try to get him out; at a hearing in early January, he showed up without an attorney — which under the law halted proceedings, rather than forcing him to represent himself or forfeit.
More recently, he filed for bankruptcy, which under city law again blocks the owners from even continuing the case to get him out.
The Landas can’t even get another hearing until April; who knows what new “right” he’ll exploit by then?
Meanwhile, they’re stuck paying thousands in utility bills for the house: They say he’s vindictively left the windows open all winter.
And this case is far from unique: In early February, a pair of serial squatters trashed the Queens home where they had been living rent-free for nearly four years before fleeing, owing at least $48,000 in back rent. Other Queens landlords have struggled to evict tenants running brothels.
What you need to know about squatters in New York:
What are squatter’s rights in New York?
Squatters in New York state can claim a legal right to remain on a property without the owner’s permission after 10 years of living there. However, in New York City, a person only needs to be on the property for 30 days to claim squatter’s rights.
Why is it so hard to get rid of a squatter?
Squatters are allowed a wide range of rights once they have established legal occupancy, making it difficult to evict them.
How does someone become a squatter?
Some of the scenarios in which a person becomes a squatter include: a tenant refusing to pay rent, a relative of a former owner refusing to leave the property or even a stranger who entered the property and never left.
According to Manhattan-based law firm Nadel & Ciarlo, squatters must have a reasonable basis for claiming the property belongs to them and must treat the home as if they were an owner — such as doing yard work or making repairs.
How can a property owner get rid of a squatter?
A property owner must first send a 10-day eviction notice and then file a court complaint if the order is ignored. If approved by a judge, the owner can get a summons and have a sheriff evict the squatter.
Why does the law provide squatters with rights?
The law was designed to help prevent long-term tenants from getting evicted. New York City’s law was partially made in response to vacant and abandoned buildings that were becoming a blight on the city.
How can property owners protect themselves from squatters?
Owners should avoid keeping any properties vacant for an extended period of time. They should also make sure the building is secure, has adequate lighting and has surveillance cameras installed.
If a squatter does appear, owners should notify the police quickly before squatter’s rights are established.
Then there’s the elderly Upper West Side couple abused by another rogue tenant in 2022 and drug-dealing squatters in a Bronx house in 2021.
Yet progressives in the Legislature keep pushing to pass “Good Cause Eviction,” a law that’d make it even harder to oust bad tenants statewide (while also imposing statewide rent control).
City and state, New York housing law goes so far to protect “tenants” that it enables the utterly unscrupulous — and the ideologues are looking to make it even easier for the abusers to turn innocents’ dreams into nightmares.