An alleged squatter living in the house of a woman who was arrested trying to take back their property has claimed they actually sublet the home from someone else.
As previously reported, Adele Andaloro, 47, was handcuffed after taking action to regain control of her family's $1 million home in New York, which she had inherited from her deceased parents, according to ABC’s Eyewitness News.
She had discovered squatters residing in the property when she initiated the home's sale process last month, only to discover people had taken residence inside and replaced the front door and locks.
When she attempted to take back the property, she was charged with unlawful eviction for changing the locks without providing a new key, with responding officers telling Andaloro that the matter fell under a "landlord-tenant issue".
Now, one of the alleged squatters has claimed that they are sub-letting the property from someone else - and had been paying them rent to live in the basement of the home.
The suspected squatter who Andaloro had a tense stand-off with is accused of subletting space in the house, after a man claimed he rented the basement of the Flushing home, and even had receipts allegedly proving he'd paid money to be there.
Kevin Ballasty claims he was conned into paying $1,500 a month to live in the basement by a man named 'Jay', who he identified as the squatter first exposed by WABC-TV.
Ballasty says the deal was brokered by a 'realtor' he identified as David Dubon, and was stunned to discover that he was not legally occupying the home.
He told the New York Post: "There’s nothing in my right mind that could lead me to believe there was going to be a problem like this.
"David, the real estate guy, who just kind of spoke and is not in the neighborhood, OK? Whether he’s involved in this I don’t have no idea what’s going on.
"But this is my proof to cover my a**," he added, showing a hand-written receipt for a payment of $1,000.
Ballasty added: "I was brought in through a real estate. This is a great find, thank you very much. And I love the place. I love the neighborhood. But I guess. I paid $3,500 to the landlord Jay.
"You know and that’s what that says. Cover my a**. I’m out of this venture. OK, I paid rent and I’m not a squatter."
A reporter for The Post also briefly spoke to Jay on the phone who claimed he was "scammed" into taking over the house, adding: "Pretty much we’re just waiting for the lawyer. That’s pretty much it. Like, I was scammed into living there. You know, I’m looking to leave myself. That’s what happened."
He then asked to speak to Ballasty again and was overheard telling him: "Tell them to suck a d**k," referring to reporters outside the home, adding: "Walk away from them Kev. I don’t know why you talk to these people, bro."
Ballasty says he is one of four tenants who are renting spaces within the home, and claims he paid a total of $4,500 - of which $3,500 went to Jay and $2,000 went to the broker.
When Dubon answered the phone he allegedly asked Ballasty: "You in trouble again man?", to which Ballasty replied: "They want to know who the real estate company is because I’m going to be locked up because it’s trespassing. It’s not fair to me I paid the real estate and I was brought into this you know."
Dubon then responded to say that he was currently in Boston and would be heading to Connecticut later in the day, before adding: "How come you don’t call the owner? You always calling me with problems? Call Jay right now. I don’t know what is going on," before hanging up.
Andaloro had discovered people living in the property she'd inherited from her deceased parents when she started to prepare the home to sell last month.
She then showed up at the house with a locksmith and local TV news crew on February 29 to change the locks, but ended up in handcuffs herself, after the NYPD said she was issued a summons for unlawful eviction.
Although she legally owns the property, according to New York City law, individuals are able to claim squatter's rights if they occupy the home for at least 30 days, with the matter then going to court to be sorted.
According to the law, squatters in New York state can claim a legal right to remain in a property without the owner's permission if they have lived there for 10 years, while in New York City, the person only needs to have been there for 30 days to claim squatter's rights.
People can be considered squatters if they are tenants who refuse to pay rent, a relative of a former owner who is refusing to leave the property, or a stranger who entered the abode and never left. They must have reasonable basis for claiming the property belongs to them and must treat the home as if they were an owner, which involves taking care of it and making repairs where necessary.
Getting rid of a squatter can be notoriously difficult, as the property owner must first send a 10-day eviction notice and then file a complaint in court if the order is ignored. If approved by a judge, the homeowner can then get a summons and have a sheriff evict the squatter.
The laws around squatter's rights were brought in to prevent long-term tenants from being evicted, but the difference in the law in New York City was brought about in response to many vacant and abandoned buildings that were blighting the city.
