New York Squatter Likely to Avoid Jail After Making Plea Deal

An alleged squatter in New York who was facing 15 years in prison has accepted a plea deal and will likely avoid jail time after all, according to the Queens district attorney’s office.

Lance White-Hunt, 24, had charges brought against him for allegedly trespassing into a Jamaica, Queens, property. White-Hunt then subsequently sued the homeowner for illegal eviction and created a fake lease and utility bills to show false proof of residence.

In all, the squatter had 18 charges against him, but now will likely not serve time behind bars after pleading guilty to identity theft and offering a false instrument for tampering with physical evidence.

The American Apartment Owners Association (AAOA) defines squatters as those who inhabit a piece of land or building without a legal right to occupy the space, and reports of squatting have surged since an uptick in tenant protections during the pandemic.

White-Hunt had claimed to be living at the property since January, and in March a broker called police after noticing that someone was inside and that the locks had been changed, according to the Queens district attorney’s office.

Upon being confronted by officers, White-Hunt introduced a lease that the broker then alleged was forged. Also, White-Hunt introduced bills that said he was a legal tenant, but authorities say that the companies said the accounts for those bills did not exist.

After the locks were changed in March, White-Hunt then filed a civil suit against the homeowner and realtor saying that he had been illegally evicted, which complicated the case further.

“You cannot claim rights to a home that you have entered illegally,” Queens District Attorney Melinda Katz said in a statement. “My office will not allow individuals to capitalize on the confusion surrounding squatters’ rights for their own personal gain. We will bring criminal charges and secure indictments not only for the unlawful occupancy, but also for any forged documents used in the commission of the crime. The law does not permit illegal residency and we will continue to prosecute such cases in Queens.”

Judge Toni Cimino ordered White-Hunt to return to court on November 6 when he’s expected to be sentenced to five years’ probation and 20 days of community service. He will also be expected to pay $3,900 for the victim’s attorney fees.

Newsweek has reached out to White-Hunt’s attorney for comment via online form.

“It is quite disappointing to see criminals with obvious premeditation and malicious intent avoid jail time,” nationwide title and escrow expert Alan Chang told Newsweek. “This did not seem to be a basic squatting example and appeared to be more damaging to the homeowner and real estate agent. As this has gained popularity in recent years, many bad actors have found that these crimes are worth the risk as prosecutors have been mostly lenient against them with minimal consequence to face.”

While incidents of squatting are still becoming more notable around the country, New York City is starting to heavily enforce the law, Ryan McCall, principal with McCall Sweeney & Silva, P.C. and an expert in landlord and eviction law, said.

“Up until recently, the Court system has been reluctant to heavily prosecute alleged offenders,” he told Newsweek, adding that homeowners should still take precaution to avoid squatters today.”

McCall added: “If you are a homeowner that is leaving for an extended period of time, an important idea to consider is to set up cameras around your home that will alert you when someone is attempting to enter your home,” McCall said. “Additionally, having someone, whether a friend, relative, or neighbor, routinely check on your home while you are away every few days may go a long way when it comes to preventing these types of crimes from happening.”

Due to more reports of squatting happening across the country, some Americans have taken the problem into their own hands.

Lando Thomas helped found the Southern California-based Squatter Squad, which has been removing squatters since last year.

“Because squatting seems to be on the rise, the courts are backed up from months to years, police can’t or won’t help, property owners feel helpless and are told taking the squatters to court is the only path to getting their property back,” Thomas previously told Newsweek. “Even the neighbors can be victims because where there’s squatters, there’s usually bad activities going on such as drug dealing and other crimes.”

The price to hire a service like Squatter Squad ranges between $5,000 and $10,000, but attorney’s fees to file charges can be even more expensive.

“Stand your ground with them,” Thomas said. “Keep after them on a regular basis as to not letting them feel any comfort or freedom inside your home or on your property. Remember, it’s your private property and they have trespassed illegally trying to ride our weak and gray area tenant laws that should have nothing to do with trespassers.”

Update 10/7/24, 5:45 p.m. ET: This article’s headline has been updated for clarity.