Anti-squatting bill filed in state legislature

JONESBORO — A new bill in the Arkansas legislature will seek to create clarity on a growing issue as well as give law enforcement another tool in dealing with the issue, the bill’s sponsor said this week.

Rep. Dwight Tosh (R-Jonesboro) is sponsoring HB1049.

The bill, which was filed Nov. 21, would create a new offense, “unlawful squatting”, and create a Class B misdemeanor for people found guilty on the issue.

Under the bill, a person would violate the law if they knowingly enter the premises of another person; knowingly reside on the premises of the other person for any period of time; knowingly act without lawful authority and cannot produce at least a deed or mortgage statement in his or her name; a lease agreement that includes the name and signature of the other person or an authorized representative of the other person or a receipt or other reliable evidence of rent payment paid to the other person or an authorized representative of the other person dated within the last 60 days.

Also, a law enforcement agency shall not accept a report of unlawful squatting unless the report is done by an owner of the premises or an authorized representative of the owner.

If found guilty, a person could also face up to 90 days in jail and a $1,000 fine with the Class B misdemeanor, according to Arkansas law.

Squatting involves a person unlawfully living or residing on another person’s property or land. Many times, the person can often move in and take up residence without the property owner even knowing about it.

Tosh said it can also impact so-called “seasonal dwellings” where a family may visit the home during the summer or on holidays but may instead find someone else there, sleeping in their bed or using their utilities.

“It is just not right,” Tosh said.

Tosh, who serves as chair of the House State Agencies and Governmental Affairs committee, said he was contacted by constituents who asked him to look into the issue.

The lawmaker said he first looked at the state’s trespassing law as a possible remedy, but noticed that squatting is not mentioned in the trespassing law. It can often be up to the landowner to deal with the issue, with the issue going to civil court, taking weeks and months as the case moves through court, Tosh said.

Tosh said he spoke with the Arkansas Sheriffs Association as well as the head of the Chiefs of Police Association in the state on the issue. Both groups have given their support on the issue.

He said he has also received support from Sen. Ron Caldwell (R-Wynne) on the issue.

Caldwell had considered introducing a similar bill in the legislature, but will now help run Tosh’s bill in the state Senate, Tosh said Tuesday.

Focus

Tosh said a focus of his bill is also to help protect property owners that have bought the land, paid the taxes, as well as the insurance on the property and the furniture for many years, even generations, for their families; as well as the cost of paying legal expenses in court.

He said he also wants to make sure the bill is not being misused and that the bill has nothing to do with the debate over tenant-landlord issues in the state in recent years.

The legislative session starts Jan. 13 in Little Rock.

TOSH