In 2024, the National Apartment Association (NAA) has observed an uptick in the interest of state legislatures and local councils to address squatters-related concerns legislatively. While the removal of squatters—namely those who occupy homes where they previously had no legal right to reside—has predominantly been an issue in vacant single-family homes, there are growing challenges in rental housing.
Legislators in 11 states are or were considering proposals to reinforce property owners’ rights against squatters: Michigan (MI HB 5634), Mississippi (MS HB 1508), New Hampshire (NH SB 563), New Jersey (NJ SB 725), New York (NY A.9897), North Carolina (NC HB 966), Ohio (OH HB 478), Oklahoma (OK SB 1994), Pennsylvania (Homeowner Protection and Squatter Eviction Act) and South Carolina (SC H 5468). In New York City, Councilmember Susan Zhuang introduced legislation that would require city agencies to publicly report squatting incidents to help lawmakers understand the scope of the problem locally.
5 States Lead the Way
Legislation passed in Alabama, Florida, Georgia, Tennessee and West Virginia identify squatting as a criminal act and authorize law enforcement to facilitate the removal of squatters.
- Most recently, Alabama’s House Bill 182 (now Act 2024-237) passed and provides a method for the owner of a dwelling to request the removal of an unauthorized individual, a procedure for law enforcement to remove an unauthorized individual from a dwelling in certain circumstances and excludes certain individuals from landlord-tenant actions. This law will take effect June 1, 2024.
- In Tennessee, TN SB 795 has been enacted and provides a means to quickly restore possession of residential real property to the property owner when the property is being unlawfully occupied. The property owner can request law enforcement act to remove a squatter so long as certain conditions are met. This law will take effect on July 1, 2024.
- Florida was first in the nation to pass CS/HB 621 on March 1, which authorizes property owners to request law enforcement to remove squatters from private residences. Unlawful occupancies must satisfy specific conditions for law enforcement removal. This law takes effect on July 1, 2024.
- Georgia’s House Bill 1017 amends the definition of criminal trespassing to include squatters. The Georgia Squatter Reform Act makes squatting a criminal act, speeding up the eviction process of an unlawful resident by setting a specific period for eviction and repeals current conflicting laws. Squatters will be served a citation of the official offense within the three business days and unless proper documentation is presented to law enforcement, squatters have three days to vacate. This law took effect on April 24, 2024, the first in the nation to actually go into effect.
- West Virginia House Bill 4940 establishes the act of squatting as a criminal act and removes squatters from the traditional housing eviction process subject to removal by law enforcement. This law will take effect on June 4, 2024.
NAA remains committed to supporting our affiliate partners in their efforts to safeguard our members’ property rights and address squatter challenges in rental housing.
To learn more on eviction policy, please contact Joe Riter, NAA’s Senior Manager, Public Policy.