Brian Rodriguez, Queens squatter indicted for illegal occupancy of Flushing $1M home after homeowner Adele Andaloro was previously arrested for changing locks on the alleged illegal dweller. The Queens DA decides to take on the case rather than going through the long drawn process of civil housing court, essentially giving illicit dwellers a protracted free ride at home-owners expense. Cracking down on squatters.
An alleged squatter ‘illegally’ living in a $1 million home in Flushing, Queens, while renting out rooms online has been arrested and charged.
Brian Rodriguez, 35, was on Thursday indicted on charges of burglary, grand larceny, criminal possession of stolen property, criminal trespass and criminal mischief.
‘It’s not fair that I, the homeowner, has to be going through this,’
The man’s arrest comes a month after homeowner, Adele Andaloro was arrested for changing the locks on the illegal dweller after the man refusing to vacate the premises after Andaloro who had been getting ready to sell the home after inheriting it earlier this year discovered Rodriguez and others living at the residence without a contract or her permission and effectively having ‘stolen her home.’
‘Criminal charges will be pursued when you unlawfully occupy someone else’s home,’ Queens District Attorney Melinda Katz announced on Thursday.
Unable to get the man to vacate the home and frustrated she would be compelled to have her grievances dragged out in housing civil court (courtesy of a backlog of cases, which squatters often rely on as a strategy to prolong their stay), Andaloro accessed the home and change the locks.
Minutes later, Brian Rodriguez pushed through the door and called police on Andaloro while ABC7NY were filming a news story on her plight — leading to the woman’s arrest.
‘It’s not fair that I, the homeowner, has to be going through this,’ said Andaloro at the time.
Standoff leads to Queens DA getting involved
After a standoff between Rodriguez and Andaloro, police arrived and arrested the homeowner for changing the locks. Even though Rodriguez provided no lease or proof that he’s legally allowed to be there as a consequence of NYC housing law.
In New York, squatters have rights after residing at a premise for 30 days. It’s against the law for homeowners to change the locks, remove their belongings or shut off the utilities. It’s handled as a civil court matter in the state, so police can’t remove squatters.
Rodriguez told ABC7NY he had a lease with a realtor he wouldn’t name and he refused to provide a copy. Instead, he showed receipts for work he claimed he had done to the home.
‘How it ends is, she pays me my money that I put in the house,’ said Rodriguez at the time. ‘Pay me the money and I’ll leave or send me to court it’s that simple.’
The unlawful eviction charge against Andaloro was eventually dropped and rather than the case being dragged through housing court, the Queens DA, following wide news coverage of Andaloro’s plight, announced that it would begin investigating Rodriguez, leading to the man’s arrest and charges on Thursday.
‘You can’t walk in when its not yours and claim they have a right to be there,’ said the DA. ‘I thank the media for all the attention that they have given to this story and for being here today because I do think it’s an important message to send.’
Rodriguez, a repeat offender with burglary and narcotics convictions is forbidden to return to the home. Despite prosecutor’s request for $100K bail, the man was released without bail.
Rodrigquez’s next court date is May 13. If convicted faces up to 15 years in prison.
