Mattera and Flood Work to Strengthen Property Owner’s Rights

June 7, 2018 - Albany, NY - (Mike Groll/Office of Governor Andrew M. Cuomo)

By Cait Crudden

In response to Governor Kathy Hochul’s (D) recent signing of squatting legislation, Senator Mario Mattera (R-St. James) and Assemblyman Ed Flood (R-Port Jefferson Station) have emerged as vocal advocates for strengthening property owner’s rights. While they both acknowledge the significance of the newly enacted legislation as a step in the right direction, Mattera urges reconsideration of his War on Squatting Bill (S.8667), and Flood has proposed additional measures to provide greater protections for property owners facing the scourge of squatting.


The squatting legislation, signed into law by Governor Hochul amid growing concerns over unlawful occupation of residential properties, aims to expedite the eviction process for squatters and streamline legal proceedings for property owners. However, Senator Mario Mattera and Assemblyman Flood contend that the current legislation falls short of adequately addressing the complex challenges posed by squatting and fails to afford property owners the robust protections they deserve. Senator Mattera referred to it as “a baby step that falls short of truly protecting our property owners”.


In statements issued by their offices, these lawmakers expressed their reservations regarding the efficacy of the squatting legislation in safeguarding property owner’s rights. “This is not nearly enough to tackle this issue that shouldn’t even be an issue to begin with,” Flood asserted.


Senator Mattera stated, “This new change merely states that squatters are not considered tenants and while that will help expedite issues, the property owner is still required to serve a 10-Day Notice to Vacate before an eviction proceeding can be commenced in court”. Even with all its flaws, the Senator and Assemblyman did want to acknowledge progress on this issue with Flood stating, “This legislation is a step in the right direction in our ongoing commitment to uphold the security and sanctity of private property to ensure homeowners remain safeguarded against unlawful occupancy or squatters.”


Flood’s proposed legislation (A.9731) seeks to bolster the legal framework surrounding squatting by introducing provisions that empower property owners to take swift and decisive action against trespassers. Key components of the proposed legislation include empowering law enforcement to intervene and take appropriate action when necessary.


Central to Flood’s legislative initiative is the recognition of property owner’s rights as paramount in the face of encroachment by squatters. “My proposal would solidify the process of removing squatters out of privately owned homes,” said Flood. “By ensuring homeowners can quickly and fairly remove squatters from their homes, we are not only protecting individual property rights but are also contributing to the safety of our community”.


Senator Mattera, Assemblyman Flood, and Assemblyman Steve Stern (D-Dix Hills) have worked closely together to develop comprehensive strategies for combating the squatting crisis and safeguarding property owner’s rights modeled after the bill signed into law in Florida. By fostering collaboration and dialogue, they aimed to cultivate a unified approach to address the multifaceted challenges posed by squatting. These lawmakers’ advocacy for stronger protections for property owners has garnered support from advocacy groups and concerned citizens alike. In response to the Governor’s signed legislation, Senator Mattera urged her office to address this issue in a more aggressive manner and reconsider his proposed legislation. The Governor opted to sign into legislation a less forceful approach regarding this ongoing issue.

As Senator Mattera and Assemblyman Flood continue to champion the cause of property owner’s rights in the wake of Governor Hochul’s signing of squatting legislation, the stage is set for a robust legislative debate and concerted action to further address this pressing issue. With a steadfast commitment to safeguarding property owner’s rights, Mattera and Flood emerge as the leading voices in the ongoing struggle to uphold the sanctity of private property and preserve the integrity of residential communities across the state.

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