DANSVILLE, N.Y. — It’s an ongoing problem in New York State: squatters are able to use legal loopholes that allow them to live rent free while the lengthy court process plays out.

In April, legislators made clear that squatters are not renters — giving judges the authority to kick them out more quickly. Two weeks ago, News10NBC’s Deanna Dewberry brought you the case of an accused squatter in Dansville. 

Here is that full story:

 At long last, Zack Alford is finally getting his day in court. He’s trying to kick this man out of his Dansville home. 

Homeowner Zak Alford, speaking to the judge: “There was somebody living there, a squatter. That person, mister Priestley, did not have permission by the prior owner and also didn’t have permission by me, the new owner.” 

Zack bought a house for his young family in June, but couldn’t move in. That’s because Mike Priestley, a level-2 sex offender, was already living there. Priestley initially was an invited guest of Zack’s father, Bob Alford. 

Zack: “He came crying to my dad saying he didn’t have a place to stay.” 

Zack says after several weeks, his father was ready to kick Priestley out, but he didn’t get the chance. On December 3, Bob Alford died suddenly in a car crash. Bob’s brother owns the home and says for months he also tried to kick out Priestly. But Priestley refused to leave, even listing the address as his residence on the New York Sex Offender Registry.

 Zack told the judge that when he bought the house from his uncle he, too, tried to get Priestley out.

Zack: “I’ve offered this man money to move. I’ve offered him help to move.” 

He called police telling them that Priestley was a squatter. But by law, a judge must decide whether Priestley is a squatter or a renter, and requires Zack to bear the time and expense of taking Priestly to court.

Zack: “The police can’t do anything about his vandalism, can’t do anything about his destruction because it’s a civil matter, is what I keep getting told.” 

Zack claims that not only has Priestley refused to leave, but also has damaged the home from the floor to ceiling.

Priestley refused to talk to Deanna on camera, but by phone he insisted that he is not a squatter, paid rent to Zack’s father, and after his death paid rent to Zack’s uncle. 

Deanna Dewberry, News10NBC: “I talked to his uncle. His uncle also says that you’re a squatter and you’ve been living there rent-free.”

Priestley: “I have receipts.”

Deanna: “You have receipts? I would love that then.”

Priestley: “I’m gonna show this in court. I’m not gonna show you.”

 Deanna explained that without receipts, it was his word against theirs. 

Deanna: “So that’s why it would be so nice if you would give me receipts because then I could prove that you have been paying your rent.” 

Priestley: “Well I’d have to get a hold of my mother, because she holds onto all those things for me”

Deanna: “Well you’re talking on a cell phone right now. You can go to your mother’s house and take pictures.”

Priestley: “I’m busy. I took the time to stop doing what I’m doing to talk to you.” 

Deanna: “Okay. So you’re too busy to go to your mother’s house and get the receipts?”

Priestley insisted that it was he who was being treated unfairly. 

Priestley: “It was all bully tactics. All screaming and hollering and blah blah blah and it got to a point in this to where I’m not gonna be a nice guy. Now I’m gonna sit here. I’m gonna sit here and make your life hell.” 

He insisted he hadn’t caused the extensive damage to Zack’s house. 

Deanna: “So if had been nicer to you, you would have moved out?” 

Priestley: “Yes! he verbally attacked me and then threaten me and I never even met the guy before.”

During this call, just weeks before the scheduled hearing, Priestley made a promise that if the judge says he is evicted, he would move out.

But on the day of the hearing, Mike Priestley didn’t show up. So Zack stood alone before the judge, pleading with him to kick out his unwelcome guest. 

Judge: “I will say this to you. I am gonna order the warrant of eviction today.”

It was a victory months in the making, and Zack hopes to finally be able to make this house his home.

However, Thursday afternoon Deanna got a phone call from Zack, saying he won’t even be able to get into his home until October 1, due to “bureaucratic complications.”

Even after the recent passage of a bill that differentiates a squatter from a lawful tenant, there is still a great deal of confusion among police officers and even legal experts on whether a homeowner can simply change the lots and ask the police to remove the squatter.

The Empire Center, a non-partisan think tank in Albany appears to indicate it is within your rights, but says “a prudent property owner may seek an eviction warrant for a squatter under section 713 to avoid the time and expense of being hauled into court by a squatter alleging unlawful eviction.” 

If, as in Zack’s case, the police do not believe it is within your legal right to remove the squatter, it’s important to follow the steps outlined in this informational document for property owners written by Azibo, a property management organization.