Manhattan woman details attempted removal of squatter from family's NYC apartment

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Alleged NYC squatter Brian Rodriguez appears in court

Brian Rodriguez faces burglary, grand larceny and other charges after allegedly occupying a New York City home illegally and then renting out rooms, according to the Queens District Attorney. (Credit: Barry Williams for Fox News Digital)

A Manhattan family has spent over a year trying to evict an alleged squatter from a property. 

Donna Kermanshah, whose father owns an apartment where an unwelcome tenant has been living, has taken to TikTok to share her experience. Kermanshah told Fox News Digital in a phone call she was surprised by the response she got from posting her story. 

"I think at first I got freaked out because I didn't realize it would go so viral, and I didn't realize so many people would see it and actually care," Kermanshah said. "But it has definitely made us feel less isolated. A lot of attorneys and professionals that have experienced this before, whether they're professionals, legal professionals, or just, you know, normal, common citizens, people have reached out and given us advice." 

An NYC woman told Fox News Digital that despite over 100 police calls and going to court, they still have not been able to remove an alleged squatter from their apartment.  (iStock)

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The story dates back over a year ago to between June 2023 and August 2023, when Kermanshah's aunt, who was living in the apartment at the time, received a message on Facebook from someone who introduced herself as a distant relative. 

"She messaged my aunt via Facebook because my aunt had posted about my grandmother's death," Kermanshah told Fox News Digital, sharing that her grandmother died in November 2022 and also lived in the apartment.  

In the Facebook message, Kermanshah said the woman expressed she wanted to give her condolences while she was in the city. 

What seemed to be an innocent Facebook message was the beginning of what turned into an emotional battle for the Kermanshah family to gain their property back.  (Jakub Porzycki/NurPhoto via Getty Images)

When the woman arrived in the city, Kermanshah said, she explained she needed a place to stay after getting kicked out of her daughter's apartment. What started as a two-day stay turned into a much longer one despite Kermanshah's aunt telling the squatter she had to leave numerous times. 

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"My aunt, she was still grieving my grandmother's death, and my aunt had lost her husband as well, so she was just very vulnerable," Kermanshah said. She added that her aunt was threatened with violence by the woman if she were to tell anyone what was going on. 

When Kermanshah's aunt let the rest of the family in on what was happening, they called the police. At that point, law enforcement was unable to remove the woman from the apartment. 

"The cops came, and it was too late, based off of squatters laws," Kermanshah said, adding that the police have been called "over 100 times" during the time the woman has lived in the apartment. The aunt has also since moved out of the Manhattan apartment.

Kermanshah estimated the police have gone to the apartment more than 100 times since the problem began.   (iStock)

A trial regarding eviction began May 24, 2024, and Kermanshah said her family was told by a judge that an decision would be given to them within a week. But the family hasn't heard anything yet, and the woman is still living in the apartment. 

"I’ve called so many times. We’ve given up at this point," Kermanshah said. 

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New York is one of the few states that have passed laws in favor of homeowners in situations involving squatters. A portion of New York's 2024 state budget signed into law by Gov. Kathy Hochul in April 2024 excluded squatters from tenant protection under state law, Fox News Digital previously reported. 

Kermanshah said the law hasn't helped in her family's case because they are still waiting for an outcome in the court case. 

"It's taken such an emotional toll on us," Kermanshah said. 

In spite of that, Kermanshah continues to spread awareness by sharing her story and hopes "laws can change." 

Kermanshah has shared her experience on TikTok, hoping to encourage a law change and help others avoid going through a similar situation.  (Jaque Silva/SOPA Images/LightRocket via Getty Images)

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"I think it's good for other New Yorkers, even in other states, just people in general, to know that, although you pay taxes, although you pay property taxes, although you bought a property for yourself, you are still at risk of someone just coming in there and taking it," Kermanshah said. 

"I just really hope this prevents squatting from happening to other people."