Anti-Squatting Legislation: Policy Issue
Overview
Squatting, or unlawfully occupying private property without a lease agreement, imposes significant costs and safety concerns on rental housing communities. Squatting causes delayed turnover, lost rent, property damage, legal burdens and fundamentally violates the private property rights of providers.
In recent years, anti-squatter legislation has gained momentum as states respond to mounting concerns and its significant impact on housing affordability and availability. Such legislation intends to provide housing providers and law enforcement with greater tools to address unauthorized occupants in vacant homes.
Industry Position
Effective policy should make clear the distinction between legal residency and squatting, detailing a clear process for removal. The National Apartment Association (NAA) supports policies that protect the interests of housing providers against the unauthorized use and possession of rental housing properties, without limitation on the free exercise of the providers’ rights.
As an Owner or Operator, How Does this Affect My Business?
Squatting bypasses the standard application process and background checks. This inhibits the ability of rental providers to maintain and oversee their properties, creating operational burden. Squatting also delays turnover, increases the risk of property damage and generally disrupts property oversight.
Traditionally, squatting has been addressed through lengthy and costly eviction processes or “adverse possession” laws which can be time-consuming and resource intensive. This creates an additional burden for providers and residents, allowing squatters to remain on the premises indefinitely during eviction proceedings and ultimately increasing costs and reducing housing availability.
Ambiguity has also driven issues with squatter removal, especially in cases where law enforcement has difficulty determining whether there is sufficient legal basis for removal. New legislation offers promising, provider-focused solutions: clarifying that squatting is not tenancy, criminalizing squatting and creating expedited removal processes distinct from the standard, protracted eviction process.
Contact Information
To learn more about this issue, please contact NAA's Public Policy team.
