Man exposed by 7 On Your Side pleads guilty, faces prison time after squatting in Queens home
NEW YORK CITY (WABC) -- A Queens squatter who was captured by Eyewitness News cameras in a standoff with a homeowner has pleaded guilty to a felony charge and is scheduled to be sentenced to two years behind bars and five years supervised release.
A 7 On Your Side Investigation that first exposed the case caught the attention of the Queens District Attorney Melinda Katz, who filed criminal charges against Brian Rodriguez, leading to his arrest and plea deal. The investigation also directly led to state lawmakers changing New York law to help prevent a similar situation from happening again.
"At the end of the day we're making a message very clear - you don't get to walk into a house you don't own and say you have a right to stay and we're going to make sure this has a deterrent effect as well, and it will," Katz said. "We are most proud that we got the house back for the homeowner."
Back in March, 7 On Your Side was investigating the case of homeowner Adele Andaloro. She showed up at the home she owns in Flushing, Queens and noticed someone changed the front door to her home and installed a new lock. Someone not only broke into her home but started renting out rooms in the home to other people, according to prosecutors.
"I'm really fearful that these people are going to get away with stealing my home," Andaloro told Eyewitness News when the investigation first aired.
Andaloro gained access to her home and changed the locks. Minutes later, Rodriguez pushed through the door and called the cops on her while Eyewitness News cameras were rolling.
"This is a woman who was just trying to protect her property," said Katz.
In New York, it's against the law for homeowners to change the locks, remove the belongings, or shut off the utilities of someone who claims to have the right to be there. It's handled as a civil court matter in the state, making it difficult for police to remove squatters.
A housing court case in New York City takes an average of two years for a resolution, allowing squatters to remain in the residence that doesn't belong to them as it works its way through the court system.
After a standoff took place between Rodriguez and Andaloro, police arrived and arrested the homeowner for changing the locks, even though Rodriguez provided no lease or proof that he was legally allowed to be there.
"It's not fair that I, the homeowner, has to be going through this," Andaloro said.
Rodriguez told Eyewitness News he had a lease with a real estate agent 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. Prosecutors say Rodriguez's attorney provided them with a fake lease from a brokerage firm that didn't exist along with a falsified receipt.
The unlawful eviction charge against Andaloro was eventually dropped and the Queens DA began investigating Rodriguez.
In Queens County Criminal Court, Rodriguez plead guilty to falsely reporting an incident in the second degree which is a felony. As part of the plea deal, prosecutors say he'll serve two years in prison and then supervised release. He's scheduled to be formally sentenced on March 28.
The video of the standoff between Rodriguez and Andaloro was seen around the world. It also caught the attention of New York lawmakers who voted to change state property law to define the word "tenant" so it does not include squatters. They hope it will make it easier for police to remove squatters as trespassers instead of having to take them to court.
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