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In January, we took an in depth look at the U.S. property market. This post examines a different aspect of the housing crunch.
In March 2024, Leonel Moreno, a Venezuelan citizen in the United States, published TikTok videos suggesting that immigrants should occupy abandoned homes. He justified this by referencing “squatters rights.” His videos went viral and prompted a wave of interest in squatting, and publicized anti-squatting legislation already passing through a number of states. Given the current interest in squatting, let's take a look at the issue, assess how much of a problem it really is and dive into some of that legislation.
What is Squatting?
Squatting is the term commonly used to describe a situation where someone enters and occupies a property, or remains as an occupier, when they have no legal right to do so. So it's similar to trespass, but involves some claim of occupancy or ownership. Contrary to popular belief, there are no such things as 'squatters rights' in the U.S. There is a doctrine of 'adverse possession', whereby someone can claim ownership of a property where they have been openly occupying it for a long period of time but this is incredibly rare and almost impossible to enforce. Squatters do have some very slight legal protections (such as the homeowner not being allowed to change the locks or evict them at gunpoint) but beyond that the practice is illegal and they can be forced to leave. What people generally mean when they refer to 'squatters rights', though, is the fact that unwanted occupiers, like all Americans, have a right to due process and the subsequent legal action can be unexpectedly time consuming and expensive - you cannot just call the police and have them take the squatters away but usually you must follow an eviction process in court.
One high profile case in April involving a homeowner in New York, with altercations caught on camera, illustrates the problem. While selling a property, Adele Andaloro noticed that the front door had been changed and on investigation found the property occupied. She called the police (and a local news service) but the police were unable to remove the occupiers, who claimed to have a lease but were unable to produce it. Andaloro now has to take them to court to evict them, which could take up to a year. And she faces prosecution herself for changing the locks on the property in an unsuccessful attempt to keep them out.
What Legislation Has Been Introduced?
This stakeholder page sets out key legislation across the U.S. in current sessions. Many states have introduced legislation, but the three enacted bills are worth examining:
Florida - the Property Rights Bill
HB 621 was signed into law by Gov. Ron DeSantis on March 27, 2024 and comes into force on July 1. It enhances the protections for property owners against unauthorized occupants of residential properties. It enables property owners or their authorized agents to request immediate removal of unauthorized occupants from a residential dwelling under specified conditions. This includes unauthorized occupants who have unlawfully entered and continue to reside on the property. The sheriff is authorized to serve these notices, and can charge a reasonable hourly rate for their services. The bill also criminalizes intentional damage to a residential dwelling by trespassers who cause damages exceeding $1,000. Furthermore, the act provides criminal penalties for those who knowingly and willfully present a false document, such as a lease agreement or deed, purporting to convey real property rights. The bill even prohibits listing or advertising for sale, or renting or leasing, residential real property when the person doing so knows they have no lawful ownership or leasehold interest in the property.
DeSantis signed the bill while standing in front of a lectern that read "Ending the Squatters Scam". "We want the law to have the thumb on the scale in favor of law abiding property owners, and that's what you're going to see here with this piece of legislation," he said.
Georgia - the Squatter Reform Act
HB 1017 was signed by Gov. Brian Kemp on April 24 and came into effect immediately. The Act defines unlawful squatting as when an individual resides on another's land or premises without their knowledge or permission. Violators will receive a citation, giving them three business days to present proof such as a lease or rental agreement confirming their authorization to be on the premises. If they cannot provide such proof, they are subject to arrest and could face misdemeanor charges. The bill also extends the jurisdiction of magistrates to include these violations and modifies procedures against intruders. The reform provides a streamlined process for ejecting squatters, including a submission of property affidavit, setting a time frame for eviction, and provisions for the use of monetary relief.
"This is insanity that people just think they can come in and take over somebody's home,” Gov. Kemp told FOX News in an interview. “I mean, it's just outrageous."
Alabama
Gov. Kay Ivey signed HB 182 into law on May 7, and it will come into force on June 1. The law elaborates on the existing definition of burglary and perjury by including conditions explicitly related to squatting. It also introduces a new criminal act termed fraudulent sale or lease of residential real property. Furthermore, this bill allows property owners or their agents to request the removal of unauthorized individuals from the property by submitting a sworn affidavit to a law enforcement agency. The process followed by law enforcement agencies to verify ownership and serve eviction notices is detailed, as are the legal repercussions for providing false information in the affidavit. Additionally, the bill defines the term 'squatter' and stipulates that their occupancy does not warrant an eviction process.
“In Alabama, private property rights are paramount. This new law puts would-be squatters on notice that any attempt to hijack and take over someone’s home will be met with swift action by law enforcement. The best dwelling for an illegal squatter is a jail cell, and we in state government should never rest easy until all Alabama homeowners’ rights are fully protected.” said Ivey.
New York
New York's S 8306, a sweeping budget bill related to education, labor, housing and family assistance was signed into law by Gov. Kathy Hochul on April 20 and took immediate effect. It included an amendment to property law which stated "A tenant shall not include a squatter." Hochul said the recent changes to state law were enacted “because it makes sense.”
“We’ve addressed this crisis so squatters do not have the same rights as tenants. That is firm. They can be prosecuted, and there will be consequences for them, so that is the message that should go out there.” The governor also singled out the extensive media coverage for shining a light on the matter.
Are the New Laws Necessary?
There is little available data on how widespread the practice is, but some experts involved in property rights say it is incredibly rare despite the large numbers of empty properties in American cities. “As a legal aid attorney for 16 years, I occasionally hear about … an abandoned property that people were living in,” says Eric Dunn, director of litigation at the National Housing Law Project. “But I don’t know that I ever had somebody come in with a squatting case.”
However, the National Rental Home Council surveyed its members and found that there were many reports of squatters, with Atlanta topping the list with 1,200 members reporting experience with squatters. These may include rental disputes as well as actual occupations of property.
Housing experts, though, worries that the legislation will have the unintended consequence of making it easier in some states to circumvent the established legal process for evicting legal tenants. Those people are not squatters, but landlords could try to classify them as such to more quickly remove them from homes.
This could create more misery at a time when there are more people than ever experiencing homelessness in the U.S. and housing prices have increased more than 50% in four years. It is far more likely for landlords and owners to illegally lock out tenants than it is for squatters to claim possession of someone’s property, housing advocates say.
“We all intuitively agree that if you illegally enter a property, you shouldn’t be given rights over it. The worry is that [the laws] might be interpreted more broadly, and used and applied to legal tenants who are just missing rent,” says Boaz Abramson, assistant professor of finance at Columbia Business School. “This could actually exacerbate housing insecurity.“
In addition, Republican politicians have sought to capitalize on public concern in this election year by tying squatting to illegal migration following the Moreno Tiktoks. “Biden has allowed millions of illegal immigrants to flood across the border,” according to Florida Attorney General Ashley Moody. “After video evidence of their plan to take over homes emerged, we’re ensuring Floridians are protected from this egregious and brazen scheme.”
Regardless, politicians of both parties feel that action is justified. “Some people will make the argument that this is a very rare occurrence. But I think if it happens once or twice, it’s unacceptable,“ New York Democratic State Sen. Jessica Scarcella-Spanton said. “It’s always good to have data when we’re trying to push legislation, but most importantly, I think that just seeing the cases that we’ve seen over the last couple of months in the news is reason enough to move forward with legislation.”
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