States Pass ‘Anti-Squatter’ Legislation
Legislation Passed with Overwhelming Bipartisan Support
By David Howard
As the supply of new housing has struggled to keep pace with demand over the past decade, single-family rental housing has come to play an increasingly important role for families in search of quality, well-located housing. And with the surge in interest rates over the last year pushing the cost of housing to record highs, single-family rental homes provide residents with an affordably priced housing option that, on average, is over $1,000 less per month than the cost of homeownership.
Yet, the single-family rental housing market has also not been immune from the effects of the supply constraints impacting the broader housing market. According to the Joint Center for Housing Studies at Harvard University, the number of single-family rental homes nationwide has declined each year since 2016. This decline has partly been offset by a notable increase in the number of single-family homes built expressly as rental properties. Known as build-to-rent housing, this innovative homebuilding platform provides families with a new home lifestyle, complete with sought-after community amenities, with the convenience, flexibility, and affordability of leasing.
Housing Availability
In today’s supply-constrained housing market, additional development and investment in housing is essential. However, it is just as important to make sure the current stock of housing remains accessible and available, whether ‘for sale’ or ‘for rent.’ One of the most urgent concerns regarding housing availability is trespassing, often referred to as “squatting.” Regardless of the term, the end result is the same — the illegal occupation of one’s property.
NRHC became involved with the issue of illegal occupation in earnest in the summer and fall of 2023 when a marked increase in the number of incoming complaints from members led us to take action. We received data on markets where incidents of trespassing occurred most often. Priority markets included Atlanta, Georgia, where data showed 1,200 homes were occupied as a result of trespassing; Dallas/Fort Worth, Texas with 475; and Orange County, Florida, with 125.
Illegal occupation for NRHC is not a political issue and it is not an issue of housing fairness or equity. Illegal occupation is about criminal activity. It is about someone who has entered a home and is occupying that home without a legal right to do so. For the property’s legitimate owner, the issue is about property rights, but it is about so much more. There are serious public safety issues at play here — Who is in the home? What is the risk to others in the neighborhood? Also, there is a real concern about the availability of affordably priced housing. Every incident of illegal occupation means there is one less home available for a family in need of quality, single-family rental housing.
Responding to Illegal Occupation
Many states and jurisdictions across the country had, or have, no accommodating legal framework to allow law enforcement and the courts system to respond adequately to incidents of illegal occupation. Often, property owners are left on their own to try to remove illegal occupants from their homes.
Law enforcement often must decide whether an incident of illegal occupation is a civil or criminal matter, or who has proper legal documentation to support their claim of occupation or ownership. Courts are often not able to schedule hearings in a timely fashion to remedy incidents of illegal occupation. All of this leads to inaction, frustration, and in many cases, financial hardship for legitimate property owners.
Several states have recently passed legislation to address incidents of illegal occupation. Over the past several weeks, Governors in Georgia, Florida, and Alabama signed bills providing property owners with an assured legal pathway for reclaiming their homes from trespassers. Legislation in these states have several common provisions:
» They codify the act of trespassing into law
» They provide a time-certain process requiring owners and occupants to disclose legal documentation attesting to their claims
» They include preventative measures to ensure owners and occupants are truthful in disclosing that documentation
» They provide the courts and law enforcement with more efficient means to respond to claims of illegal occupation
Importantly, legislation in all three states passed with overwhelming — in some cases, unanimous — bipartisan support.
