Hacker News new | ask | show | jobs
by tripletao 173 days ago
> in the context of a civil law dispute

The squatters are very frequently committing criminal fraud, by showing a fake lease to the police to portray themselves as legitimate tenants. Leases aren't recorded like deeds, and landlords' signatures often appear in public records. So it's easy to make a good enough fake that the police will take the squatters' side. I don't know why this article doesn't mention that, but a web search ("fake lease squatter") will show this is routine.

The squatters don't expect to win their dispute in court, just to take advantage of the extended time to trial. Oakland's eviction moratorium lasted for literally years, and they're still working through the backlog. When the case finally reaches court, the squatters will get evicted but the fraud is almost never charged. So from the squatter's perspective, it makes sense to fake the lease.

From a small landlord's perspective, the tradeoff may thus be certain financial ruin waiting for the judicial process vs. a slight chance of ruin if the "nightmare cotentant" approach goes wrong. So it's no surprise the sword guy has business. The risk that his services would be used against a real tenant is partially mitigated by the risk that that tenant would sue. The fake tenants prefer to stay out of court, since the judge (and opposing counsel) will look more carefully at their fake lease than the police did.

Georgia recently created an accelerated judicial review for cases where the landlord is alleging that the lease is fraudulent, separate from default on a non-fraudulent lease. That seems like the right approach to me.

2 comments

I think all leases (or at least rent stabalized ones) are recorded in NYS (I remember being able to get the recorded rent history of my apartment which included the names of all the previous renters), so it is possible for this to occur.
> I don't know why this article doesn't mention that, but a web search ("fake lease squatter") will show this is routine.

Same reason the article put "empty" in the title to imply they were just sitting around for speculative investing, when there's every indication the houses were intended to be immediately rented out, and are only "empty" because squatters moved in first.

one can combine the above issue with the force recording of leases to require every unit to pay a "residence" tax that if not recorded as being occupied by someone other than the owner is assumed (even if owner has other place of residence) to be occupied by the owner.

This does a few things. 1) it encourages the owner to rent out empty places, as empty places are no longer simply lost opportunity cost, but actually cost money in what they have to pay in this tax 2) requires people record who is legally living in a place to avoid these issues 3) enables areas to discount this tax for poor / disabled (or other logical reasons that they already have procedures for) for people who live in the area that they want to support.