Alleged New York City squatter Brian Rodriguez appears in court
Brian Rodriguez faces charges of larceny, grand larceny and other offenses for allegedly living illegally in New York City homes and then renting out the rooms, according to the Queens District Attorney's Office. (Photo by Barry Williams for Fox News Digital)
A Manhattan family has been trying for over a year to evict alleged squatters from their property.
Donna Kermanshah shared her experience on TikTok about an abusive tenant living in an apartment building owned by her father. Speaking to Fox News Digital by phone, Kermanshah said she was surprised by the response she received after posting her story.
“At first, I was surprised because I didn't expect it to go viral, that so many people would see it and actually care,” Karmanshah said, “but it definitely made me feel less alone. So many people, whether they're lawyers, experts, professionals, legal experts who've been through this or just regular members of the public, have contacted us and offered advice.”
A New York City woman told Fox News Digital that she has still not been able to evict an alleged squatter from her apartment, despite calling the police more than 100 times and going to court. (iStock)
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The incident dates back more than a year ago, between June 2023 and August 2023, when Kermanshah's aunt, who lived in the apartment at the time, received a message on Facebook from someone claiming to be a distant relative.
“She messaged her aunt on Facebook because she had posted about her grandmother's death,” Carmanshah told Fox News Digital, revealing that her grandmother passed away in November 2022 and lived in the same apartment building.
In a Facebook message, Kermanshah said the woman expressed her desire to offer her condolences while she was in the city.
What started as a seemingly innocuous Facebook message marked the beginning of an emotional battle for the Kermanshahs to get their property back. (Jakub Porzycki/NurPhoto via Getty Images)
When the woman arrived in the city, Kermanshah said, she explained she needed a place to stay after being evicted from her daughter's apartment — what was initially planned to be a two-day stay turned into much longer, despite Kermanshah's aunt repeatedly telling the squatters to leave.
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“My aunt was still grieving the death of her grandmother and her husband had also died, so she was very vulnerable,” Kermanshah said, adding that the woman had threatened to use violence against her aunt if she told anyone what was happening.
When Kermanshah's aunt told the family what was happening, they called the police, who were unable to remove the woman from the apartment at that point.
“The police came, but it was too late because of squatter laws,” Karmanshah said, adding that they were called “over 100 times” while the woman lived in the apartment. Her aunt has since moved out of the Manhattan apartment.
Kermanshah estimates that police have been to the apartment more than 100 times since the problems began. (iStock)
The eviction trial is set to begin on May 24, 2024, and Kermanshah said the family was told a judge would rule on it within a week. But the family has not heard anything yet, and the woman is still living in the apartment.
“We called multiple times. At this point we gave up,” Kermanshah said.
Expert advice on protecting your home from squatters
New York is one of the few states that has passed laws that favor homeowners in situations involving squatters. As Fox News Digital previously reported, part of New York's fiscal year 2024 budget, signed into law by Governor Kathy Hockal in April, exempts squatters from renter protections under state law.
Kermanshah said the law has not helped his family's case as they are still waiting for the outcome of the trial.
“It has taken a huge psychological toll on us,” Kermanshah said.
Nevertheless, Kermanshah continues to spread awareness by sharing her story and hopes that “the law can be changed.”
Kermanshah shared her story on TikTok to encourage changes to the law and prevent others from finding themselves in a similar situation. (Jaque Silva/SOPA Images/LightRocket, Getty Images)
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“I think it's good for other New Yorkers, and even people in other states, and people in general, to know that even if you pay your taxes, even if you pay your property taxes, even if you buy property for yourself, there's a risk that someone is going to come in and steal it,” Karmanshah said.
“We sincerely hope this will deter others from engaging in squatter activities.”
