Within the last several months, social media has been abuzz with a number of high profile, compelling accounts of squatters taking over homes and neighborhoods. Who can forget the saga of the Airbnb case out of California, presided over by the Honorable Judge Mark H. Epstein, in which a guest stayed for 571 days? Known in legal circles as adverse possession, stories of wrongfully occupied homes, vigilante tactics and nightmare Airbnb overstays have many questioning the legitimacy of Squatters’ Rights. Let’s have a closer look at the term and some of the legal implications.
Home Not So Sweet Home
Accordning to news reports out of Lithonia, Ga, “homeowners living along Lower Creek Circle in Lithonia say the quietness in their community has recently been disturbed by squatters. The squatters are targeting an empty rental property and creating a nuisance for homeowners.”
Meanwhile, up north in New York, the recent case of a woman whose remains were found in a duffle bag and who is believed to have been killed by squatters who took over her apartment has prompted action by Assemblyman Jake Blumencranz, the sponsor of a bill aimed at weakening some of the so-called squatters’ rights in the city.
Indeed, according to Business Insider, “New York City, […] has some of the strongest laws in the country protecting squatters. Anyone who lives at a residence for more than 30 days is considered a tenant and is granted temporary rights…To reclaim property from a squatter after 30 days, an owner must be able to prove a right to the property and proceed with legal eviction proceedings,” according to The New York State Senate.”
“There is virtually no recourse for when someone is gaming the system here,” states Blumencranz. “So all this [proposed bill] does is remove the loophole and remove those trying to use the system…”
What Exactly Are Squatters’ Rights?
Squatters’ rights, legally known as adverse possession, allow a person to claim ownership of land or property they’ve occupied without the owner’s permission, provided they meet certain conditions. These conditions typically include continuous and exclusive possession, open and notorious use, and a statutory period of occupation, which varies by jurisdiction. The concept is grounded in the idea that land should not sit idle and that long-term, open occupation without challenge by the owner should eventually grant ownership to the occupant.
NY State Assemblyman Blumencranz, representing District 15, has openly criticized the current laws arguing, “[squatters] know how to work the law to stay for a certain number of days to work the system.” The fact that squatters have 30 days in New York “means the property owner can’t change the locks on them, can’t remove their belongings, and can’t cut off the utilities. If they do, the owner could be arrested. Instead, property owners must go through the court system to get rid of them.” Indeed, during his press interview on the proposed bill, Blumencranz stated, “[p]eople can stay in homes for years, … without having justice brought to them for essentially staying for free and making homeowners pay the bill.”
Is It Safe to Say ‘Be My Guest’?
By now, many are familiar with the Airbnb, N. Tigertail Road case of Aleksandar Jovanovic v. Elizabeth Hirschhorn in Califronia. He offered his guest house as a short term rental on the popular platform. She booked a stay for 187 days at a cost of $105 a night for a total of $19, 833. Although Jovanovic granted several additional days to Hirshhorn, by the time the formal complaint was filed with Los Angeles County Superior Court, she had been a 408-day holdover guest. The last known update on the case was January 27, 2024. See all the details of the complaint at Trellis.law.
When the Home Itself is the Problem
In Hawaii, a construction mishap has led to a $500,000 house being built on the wrong property, owned by Annaleine Reynolds. The error has resulted in legal battles, with multiple parties pointing fingers, including the construction company, developer, and various subcontractors. Reynolds, facing increased taxes and squatters, rejected settlement offers, standing against the principle of being forced into compliance due to another’s mistake. The complex situation has escalated to court, where a judge is expected to untangle the dispute stemming from the misplaced construction. The docket for this matter is also available on Trellis.
Implications for the Future of Property Rights
The recent uptick in squatter incidences, from the lengthy California Airbnb dispute to disruptive squatters in Lithonia, Georgia, raises pointed questions about the integrity of property rights and the adequacy of legal protections for homeowners. New York’s strong squatter protections—granting tenancy rights post a 30-day residence—exacerbate homeowners’ plights, prompting proposed legislative reforms to close exploitative loopholes. Consider these questions: Should property laws be reevaluated in the face of such abuses? What responsibilities should rental platforms bear in preventing overstay abuses?
The case of the house mistakenly built on Annaleine Reynolds’ property in Hawaii, resulting in unwanted squatters and lawsuits, deepens the conversation. This fiasco challenges the notion of due diligence in property development. As the court seeks to disentangle this $500,000 error, it begs reflection: Can traditional property laws adapt to modern real estate complexities? These stories leave us pondering the true meaning of ownership and the evolving landscape of property rights.
Interested in Delving Deeper into Adverse Possession Cases?
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Sources:
https://www.businessinsider.com/couple-battles-squatter-over-2-million-home-in-new-york-city-2024-3
https://trellis.law/case/15001/3ccv-24-0000033/keaau-development-partnership-llc-v-lawrence-et-al
