Georgia lawmakers push bill against squatters
The Georgia Senate Considers Legislation to Combat Squatters
The Georgia Senate is taking action to address the growing issue of squatters taking over properties without permission, particularly in the Atlanta area. House Bill 1017, also known as the Squatter Reform Act, has already passed in the House with a unanimous vote of 167-0.
The proposed legislation aims to make it easier for property owners to evict squatters by creating the offense of unlawful squatting. This offense would apply to individuals who enter and reside in a property without the owner’s knowledge or consent.
Under the new law, authorities would have the power to cite suspected squatters and give them three business days to provide documentation proving their authorization to be on the property. Failure to provide such documentation would result in a misdemeanor criminal trespass charge, carrying a potential sentence of up to 12 months and a fine of up to $1,000.
If a suspected squatter does provide documentation, a hearing will be scheduled within seven days to determine its validity. If the documentation is found to be improperly executed or fraudulent, the squatter will face removal, possible arrest, and an additional fine based on the property’s fair market rent.
“Property owners in Georgia have been facing a difficult and expensive legal problem due to squatters occupying their properties,” said state Rep. Devan Seabaugh, the sponsor of the bill. “HB 1017 sends a clear message to squatters that they are criminals and will be treated as such.”
Additional Housing-Related Bills on the Horizon
In addition to the Squatter Reform Act, state Rep. Sandra Scott plans to reintroduce several housing-related bills during the next legislative session. One of these bills, HB 322, aims to require property tax bills to only reflect ad valorem assessments, separating other charges.
Another bill, HB 965, known as the Tenant Protection and Rental Notice Enhancement Act, would mandate landlords to provide tenants with written notice of a rent increase at least 60 days before a lease expires. Meanwhile, HB 1059, the Georgia Tenant Protection and Mediation Act, seeks to establish a residential eviction diversion program and promote mediation to resolve disputes involving disabled and low-income Georgians.
Lastly, HB 1032, the Property Owners Rights and Accountability Act, aims to prevent liens on condominiums and lots resulting from unpaid property association fees and assessments, removing the current $2,000 threshold.
“I have heard the concerns of constituents throughout Georgia who have fallen victim to unfair practices by HOAs, landlords, and attorneys seizing their homes through unwarranted fees and assessments,” stated Rep. Sandra Scott. “It is unacceptable that such exploitation is allowed in our state, and I am deeply troubled by these actions.”
How does the Squatter Reform Act aim to streamline the eviction process for property owners?
The legislation also includes provisions to protect property owners from potential lawsuits filed by squatters. These provisions include a requirement for squatters to pay all outstanding rent and fees before filing any legal action against the property owner.
Additionally, the Squatter Reform Act aims to streamline the eviction process for property owners. Currently, the process can be time-consuming and costly, often resulting in significant financial losses for property owners. The proposed legislation would expedite eviction proceedings, allowing property owners to regain control of their properties more efficiently.
Furthermore, the bill includes measures to prevent fraudulent claims of squatter’s rights. It establishes strict criteria that must be met for individuals to legitimatize their occupation of a property. These criteria include proof of continuous and exclusive possession of the property for a specified period of time, as well as evidence of necessary expenditures on the property.
The main objective of the Squatter Reform Act is to provide property owners with robust legal tools to protect their property rights and prevent unauthorized occupation. By establishing unlawful squatting as an offense and streamlining the eviction process, the legislation aims to deter squatters and ensure that property owners can exercise their ownership rights without interference.
The issue of squatting has become a pressing concern, particularly in densely populated urban areas like Atlanta. Squatters not only deprive property owners of their rightful possession but also escalate the risk of property damage, illegal activities, and reduced property values in the surrounding area. Therefore, it is essential to address this issue promptly and effectively to safeguard property owners’ rights and maintain the integrity of affected neighborhoods.
The unanimous support for House Bill 1017 in the Georgia House is a strong indication of the recognition of this problem and the need for legislative action. By passing this legislation, the Georgia Senate would demonstrate their commitment to combating squatters and protecting the rights of property owners.
In conclusion, the Georgia Senate’s consideration of House Bill 1017, the Squatter Reform Act, is a proactive step towards addressing the issue of unlawful squatting in the state. The proposed legislation, if enacted, would provide property owners with valuable legal tools to evict squatters efficiently and protect their property rights. By streamlining the eviction process and establishing unlawful squatting as an offense, the bill aims to deter squatters and ensure the proper functioning of the real estate market. The unanimous support in the House emphasizes the urgency and importance of this issue, and it is expected that the Senate will act swiftly to pass this critical legislation.
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