What is the law regarding squatters rights? 1 Answers as of June 02, 2011

My mother was having a surgery done about two years ago. I was out of the house living with a boyfriend at the time, and she decided to let a "friend" come stay with her to help her out, and claimed he would pay her 50$ a week. A couple weeks after the surgery sugar turned to poop and the guys true colors came out. He doesn't help AT ALL, is quite obscene, obnoxious and belligerent. And he does drugs in the house. He has other charges pending o him in County court that they have been putting of for a year already. When she told him to leave, he claimed these squatters rights and refused to leave. She had the cops here on several occasions, but they refuse to take him out and tell her to go to the sheriffs. She did that they told her go to justice court. They yet again tell her they can't do anything. She got a restraining order but it's not a "stay away" order so that won't remove him. I came home for her protection, and sleep in the living room with her. I even got into an altercation with him, and lo and behold, cops still did nothing. They tell her tecnically since he's been here 30 days if she removes his stuff or changes the locks, SHE could get in trouble. There is not legal lease between the two of them, and the lease on the Apartment is in mine and her names only. They have another court date, and until then they will do nothing, and even then say it may not remove him.. I can't believe the law is so against us on this, as we are living through hell. It's like they are just sitting waiting for something horrific to happen. I'm so at wits end, and got horrible thoughts, like maybe if someone gets stabbed they will finally pay some attention. Please any advice? We live in NY.

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Palumbo and Kosofsky
Palumbo and Kosofsky | Michael Palumbo
There is no such thing as "squatter's rights," however he lives there so she must evict him. This is a legal proceeding brought either in local court or NYC housing court. Our office can represent her in evicting him, however understand that it will cost at least $2,500.00 in legal fees. This however is the only way to have him removed.
Answer Applies to: New York
Replied: 6/2/2011
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