City Can Evict Squatters

August 31, 1996

LVT Number: 10829

Squatters sued landlord City of New York, claiming that they were entitled to remain in the building. Squatters asked the court to bar landlord from evicting them while the case was pending. The court ruled for squatters, and landlord appealed. The appeals court reversed and ruled for landlord. Squatters weren't likely to win the case on the merits because they most likely couldn't prove that the same people lived openly and continuously in the buildings for 10 years. Landlord had repeatedly sealed the buildings, which were broken into each time.

Squatters sued landlord City of New York, claiming that they were entitled to remain in the building. Squatters asked the court to bar landlord from evicting them while the case was pending. The court ruled for squatters, and landlord appealed. The appeals court reversed and ruled for landlord. Squatters weren't likely to win the case on the merits because they most likely couldn't prove that the same people lived openly and continuously in the buildings for 10 years. Landlord had repeatedly sealed the buildings, which were broken into each time. And different unrelated individuals occupied the buildings at different times. Landlord could evict squatters.

E. 13th St. Homesteaders' Coalition v. Lower East Side Coalition Housing Development: NYLJ, p. 26, col. 3 (8/12/96) (App. Div. 1 Dept.; Milonas, JP, Rosenberger, Kupferman, Williams, Mazzarelli, JJ)

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