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By Suzanne Blake
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A New York City homeowner has been forced to pay her squatter's utility bills after the alleged criminal took over the home without paying rent.
Sandra Claxton, a resident in the Bronx, saved for decades to buy her own home for her retirement years.
But now the property has been overrun by a squatter. She initially allowed a tenant to stay on the second floor of her home with a set rent amount, but they stopped paying more than two years ago.
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"It's very stressful, very stressful," Claxton told local station ABC 7. "I called the clerk and the clerk told me the warrant hasn't been signed by the judge so they cannot do anything about it."
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Claxton won a housing court case against the squatter, but due to the New York housing court delays, the squatter was able to continue living there, with Claxton paying for the utilities all the while.
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After waiting over a year for the judge to sign the eviction warrant, she's still waiting for a marshal to execute the warrant.
"After I finished paying the mortgage, I hardly have anything left," Claxton said. "She's the one in trouble, the one not paying and she's getting a free pass."
Squatters have become prevalent all across the country, but New York City faces some extra challenges in processing evictions due to a backlog extending from the coronavirus.
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ABC 7 reported the average New York City eviction takes two years, and even an approved warrant takes six months or more to execute.
Due to the delays, a group of Queens homeowners have sued the Queens Court Administrator in hopes legal action will prompt more efficiency.
"I hope there's a resolution soon so I can live in peace," Claxton said.
Ryan McCall, a landlord tenant law expert and principal with McCall Sweeney & Silva, P.C., said these issues impact landlords all across the country, as utilities are nearly always still in the landlord's name.
"With a squatter situation, the person is already there illegally and presumably not contributing anything as it stands," McCall told Newsweek. "Unfortunately, the landlord is often only left with the recourse to attempt to recoup those funds from the squatter in a court of law which given the circumstances makes a recovery very unlikely."
Title and escrow expert Alan Chang said "red-tape rich" areas like New York City are generally more tenant-friendly, even if that tenant is illegally staying in a home.
"Even if the 'tenant' is unlawfully living in a residence, the landlord or homeowner has the legal responsibility to keep up utilities and other maintenance to avoid breaking the law themselves," Chang told Newsweek. "It's an unfortunate case of unjust enrichment for the squatter taking advantage of a system that is far from perfect."
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