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State doubles down in fight against ‘squatter’s rights’

(The Center Square) – Pennsylvania renters and homeowners may soon have clear legislative guidance to overcome wrongfully asserted “squatters’ rights.”

The state Senate on Wednesday approved a clear outline for landowners to remove squatters who claim housing rights that contradict state law.

“This bill is not just about laws and regulations,” said Republican Sen. Dan Laughlin of Erie, the bill’s sponsor. “It’s about restoring a sense of security and justice to those who have invested their dreams, savings and emotion into real estate. Senate Bill 1236 will close the door to those who abuse our system and squatter homes illegally, while ensuring that legitimate renters are protected.”

Republican Sen. Dan Laughlin of Erie supports the new proposal, which he says would “restore a sense of security” to homeowners. Greg Walford/Erie Times-News/USA Today Network

Laughlin said in a press release that repossession is a tiring and painful process that requires issuing “eviction notices” to squatters, placing financial and emotional strain on property owners.

He said the bill would establish clear legal status for squatters and empower property owners, giving them the tools they need to protect their homes and investments quickly and effectively, without being bogged down in unnecessary bureaucracy.

The term “squatter’s rights” refers to the legal concept of squatters. In Pennsylvania, squatters may be able to assert legal ownership of real property after 21 years of continuous, exclusive, and visible occupation of the property.

“Squatter’s rights” refers to the legal concept of unlawful occupation. Greg Paczkowski / gregg@pnj.com / USA TODAY Network

However, a recent trend is for people to move into homes while the homeowner is away, and removing them can be time-consuming and costly.

“Imagine coming home to find a stranger occupying the space where you’ve created cherished memories, only to be told that removing it would require a costly and lengthy legal battle,” Laughlin says. “It’s a situation that can leave anyone frustrated and hopeless.”

Squatters tend to break into homes while the owners are away. Greg Paczkowski / gregg@pnj.com / USA TODAY NETWORK

Under Pennsylvania law, a squatter is considered a trespasser if a landowner warns them they’re not welcome and orders them to leave. You can be charged with trespass if you remain on land where you are not permitted or have no right to be.

A similar bill is also being debated in the House of Representatives.

House Bill 2237, introduced by Republican Rep. Donna Schuelen of Gilbertville, would give law enforcement more power to remove trespassers based on probable cause based on a signed affidavit from the homeowner and increase penalties for property damage.

Rep. Donna Schuelen, a Republican from Gilbertville, has introduced a bill that would give law enforcement more powers. Pennsylvania State Representative Donna Schuelen/Facebook

It would also require law enforcement agencies to notify Immigration and Customs Enforcement if the squatter is an illegal immigrant and to comply with any detention orders filed against the squatter.

Assemblywoman Martina White, a Philadelphia Republican, has proposed a similar bill that would also impose criminal and civil liability on alleged landowners and squatters who make false statements.

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