Squatters common in Buffalo, but not violent

Buffalo, N.Y. (WBEN) - Squatting is in the headlines following the double homicide of two Buffalo men this past Saturday working on a vacant house on Zenner Street. Police believe a squatter shot both of men in this incident.

However, officials say while squatters are common, violence is not.

Buffalo Police Commissioner Joseph Gramaglia says there will be homeless people going into vacant homes, "but this was the first time a level of violence like this has occurred."

Buffalo Mayor Byron Brown says vacant houses have been set on fire, so leaving them open creates a dangerous situation.

"We have seen dogfighting inside vacant house, and we have seen weapons inside vacant houses," said Mayor Brown on Monday.

But what happens if a squatter gets into a vacant home? One local attorney says there are a couple of factors that come into play.

"A couple of those factors would be as if you know if there are utilities in the name of the person living there, if there's a rental agreement, or if there's some sort of exchange of services or rent paid, even if it is a verbal agreement. However, if you if there is a squatter, who has none of those factors on their side, the best course of action would be to contact the police to let them know the situation," said Jordan DiBernardo of Tiveron Law in an interview with WBEN.

DiBernardo has personally dealt with squatters, who have put utilities in their name unilaterally. He says if that's the case, then you have to take them to court.

"It does depend on the circumstances," DiBernardo said. "There are laws out there that protect tenants in summary proceedings during eviction, and unfortunately, when you get to the point of court, some of these rights get exercised by the respondent or the person that attempted to be evicted."

Erie County Clerk Mickey Kearns says ultimately, protecting your property against squatters and trespassers really comes down to attentiveness and diligence of the owners.

"If there's a vacant or abandoned home, in many instances, that's what they're looking for. Maybe uncut, grass, unkept property. It's very important if the property is vacant, to maintain it, and to keep proper locks on the home," said Kearns in an interview with WBEN.

Kearns says a recent change in state law may help property owners.

"This law will make it easier for police to remove squatters without forcing the owner to resolve the issue in housing court, which can be really a long process. It could take years, and it can be very expensive," Kearns said.

He adds the new law defines what squatters are, separating them from tenants. He notes if you have a squatter in your home, or if you see one around, he recommends making sure you call the police and let them handle that situation.

Kearns also urges anyone to alert the county if there is a vacant property. If you do receive a notice from a bank and you are behind on your payments, the first thing to do is do not leave the home. He says that creates zombie properties, something his office combats.