New York Squatter Faces Decades in Prison After Conviction

A squatter likely faces decades in prison after being convicted of two counts of attempted grand larceny and criminal mischief in Staten Island, New York.
The Richmond County District Attorney’s office called Trashawn Davis, 47, an “opportunistic fraudster” who illegally occupied a private home in New Brighton for six months in 2022. The owner of the home asked Davis to leave, but the convicted squatter demanded $30,000 from the homeowner and threatened to file a six-figure lawsuit.
In New York, attempted grand larceny can result in a penalty of up to 25 years. Davis’s sentencing is set for October 25.
A squatter is any individual who decides to inhabit a piece of land or a building in which they have no legal right to occupy, according to the American Apartment Owners Association. The squatter typically lives in the property without paying any rent and without any legal right to occupy the space.
Davis also damaged property in the home, District Attorney Michael E. McMahon said.
“The men and women of our office will always fight to secure justice for the hardworking and law-abiding people of Staten Island and we are proud that with today’s verdict, Davis has been held fully accountable for his crimes,” McMahon said in a newsletter.
“As Staten Island’s chief law enforcement officer, D.A. McMahon remains committed to using every tool at our office’s disposal to not only return properties seized by squatters back to their rightful owners but to hold those who unlawfully gain access to those properties accountable in the courtroom.”
Title and escrow expert Alan Chang said the potentially high number of years behind bars is likely due to Davis’s crimes not being a basic squatting case. The case also included extortion on top of property damage.
“Some squatters may just have fallen on hard times while others are more predatory in nature,” Chang told Newsweek. “Those bad actors need to see the court system act accordingly to help reduce the popularity of strategic squatting across the nation.”
Generally, basic squatting crimes do not warrant this level of sentencing, but when additional crimes are committed, the courts can act more severely.
Reports of squatting have increased since the coronavirus pandemic when many local governments adopted more protections for tenants amid tough economic times.
While some states provide tenant rights after a squatter has been living in a home for 30 days or more, there’s been a push to create more protections for homeowners amid the uptick in squatting crimes.
“There are literally instruction manuals on how to game the system when it comes to squatting and property rights,” Chang said. “More and more of the population know how to win, at least in the short term, when it comes to squatting.”
Chang said homeowners should craft a legal agreement with everyone they allow to stay in their house to protect themselves from potential squatter crime.
“It is not worth saving a few dollars using a free online form that could cost you months or years of time and money,” Chang said.
“It is best to limit your exposure to that area of risk by keeping your premises secure and in your control. If you are going out of town, have a friend or neighbor visit and maintain the premises, if possible.”