Dr. Ben Carson had a lot to say about squatter’s rights in a recent interview with Fox Business. The former U.S. Secretary of Housing and Urban Development apparently believes that the mere concept “makes no sense whatsoever.”
New York State Law Gives Squatters Rights After 30 Days
The law in New York states that squatters become “tenants” after they occupy a specific property for at least 30 days. The law indicates that once a squatter becomes classified as a “tenant,” they must be treated as such by the property owner.
As a result, this entitles squatters to “receive temporary rights” as a tenant even without an enforced lease or history of rent payments made.
One Family Bought A $2M Dream House With A Squatter In Its Walls
Joseph and Susana Landa purchased a $2 million dream home in Douglaston, Queens back in October. However, they soon discovered that there was a squatter living within the walls of their new home.
It did not take very long for the experience of the Landas to make headlines and subsequently go viral. A number of different media outlets did not hesitate to shine a light on their story as a public interest story but also as a warning example.
The Landa Family’s Squatter Claims Owner Gave Him A ‘License’ To Stay
The squatter that lived in the walls of the Landa family’s new home was reportedly named Brett Flores. One media outlet reported that Flores was initially hired by the former homeowner as a caretaker.
Flores received a weekly payment of $3,000 for his service as the man’s caregiver. However, the homeowner passed away last January. Flores claims that he was provided with a “license” from the previous homeowner that allowed him to stay within it.
Squatter Reportedly Left Windows Open In Winter, Refuses To Leave
According to the New York Post, Flores even tried to rent out different rooms within the house. Even though the Landas own the home, they have yet to move into it.
They are still responsible for paying taxes and other maintenance fees associated with the property as well. Flores reportedly left all the windows open throughout the house during the winter months for vindictive reasons.
State-Provided Rights Complicate Any Eviction Attempt Made By Owners
The “squatters rights” provided to squatters after the 30-day minimum make it very difficult for homeowners to evict them. An even more shocking aspect is that there is no documentation needed to prove the squatter was in place for the full month.
The mere claim that they have occupied a specific unit for at least 30 days is sufficient enough to receive the state-provided rights as “tenants.” Flores used this provision to his advantage by calling the cops on the Landas when they tried to enter their purchased home accompanied by an insurance inspector.
How A Court Appearance Without Representation Complicated Things Further
The Landa family’s situation has been further complicated in recent months. For instance, the couple has reportedly visited civil court five times to try to evict Flores. He showed up to court in early January for a hearing but did not have an attorney present.
The lack of an attorney allowed the law to postpone the proceedings even more. Otherwise, Flores would have been forced to forfeit the case entirely or represent himself.
Flores Filed For Bankruptcy, Leading To More Hurdles For Homeowners
It may have seemed that when Flores decided to file for bankruptcy that it would have been a good sign for the Landa family. However, city law blocked the homeowners from allowing the case to continue with attempts to evict Flores as a result.
According to the New York Post, the Landas are not even able to get another court hearing scheduled until April.
Ben Carson Says Squatters ‘Have No Right To Be In Your House’
Carson expressed his honest disbelief in the mere concept of squatter’s rights during his recent interview. Carson stated that “we’ve kind of lost our minds.”
He further explained that “squatters don’t have any rights.” According to Carson, as a result, “they have no right to be in your house.” He poked fun at the idea that perhaps “trespasser’s rights” would be the next development. He concluded by stating that the squatter’s right concept “makes no sense whatsoever.”
Carson Believes America Should Enforce Laws, Protect Law-Abiding Citizens
Ben Carson believes that the U.S. government should enforce the law and work harder to protect the law-abiding citizens throughout the country. In his opinion, a failure to do so could lead to severe circumstances.
During a single night in January, more than 650,000 Americans experienced a bout of homelessness. This was reportedly a record high when compared to the first-year data from the survey in 2007. It was also a 12% increase over the figures from 2022.
Carson Says America Is ‘Encouraging Mass Chaos And Anarchy’
Carson asked, “If you’re not going to protect the law-abiding citizens, why should they be law-abiding citizens?” By doing so, according to Dr. Carson, the country is “encouraging mass chaos and anarchy.”
He added that it seemed like “somebody might be actually trying to do that.” He further expressed that the U.S. was strong militarily, but “can certainly be destroyed from within.”
Would Passing The ‘Good Cause Eviction’ Bill Worsen The Issue?
The Good Cause Eviction bill has been a topic of discussion for quite some time in New York. This legislation would offer protection to tenants from retaliatory and discriminatory evictions. It would also shield them from experiencing unreasonable increases in their rent payments.
Instead of reducing the issues of squatter’s rights in New York, the passing of this particular bill would only make it more difficult to evict them. In addition, it would impose statewide rent control on top of everything else.
Long Island Squatter Has Not Paid Mortgage For Over 25 Years
The case of Guramrit Hanspal from Long Island, New York puts a different spin on the squatter concept. Hanspal owned the home, but reportedly stopped making mortgage payments over 25 years ago.
The mortgage on the home was foreclosed. However, the current company that owns the property has failed at each attempt to evict Hanspal. According to USA Today, he complicates their efforts by changing lawyers and filing lawsuits that create additional delays.
Texas Homeowner Locked Out Of Home By Squatter
The issue of squatter’s rights does not just apply to New York homeowners. For instance, there was a case in Texas where a squatter locked the homeowner outside of the property.
The squatter claimed that they had a lease after moving with their family in-state. Further reports showed that the squatter was evicted from three previous residences.
Maryland Homeowner Found Squatters In Bed After Return From Vacation
Another case involved a Maryland homeowner that reportedly found two squatters laying in her bed when she returned home from vacation. In addition to living in the home, the squatters had also sold nearly $50,000 worth of her furniture.
Pacific Legal Foundation Vice President of Legal Affairs Jim Burling states that squatting “is a fairly big problem.” Burling further explained that “it’s pretty hard to avoid.”
