Georgia Gov. Brian Kemp on Wednesday signed into law legislation to criminalize squatting, the practice of living in another person’s home or vehicle without their consent.
“This is insanity that people think they can come in and take over someone’s home,” Kemp told Fox News. “Illegal squatters are criminals, not residents,” he added on social media.
House Bill 1017, which passed with overwhelming bipartisan support in the state House and Senate, makes squatting punishable with criminal misdemeanor trespass charges and fines for back rent. It also allows people to be evicted within three days of receiving notice from a law enforcement officer that they are squatting.
The National Rental Home Council estimates roughly 1,200 metro Atlanta homes have been occupied by squatters. The landlord trade group commended Kemp and HB 1017’s sponsors — all Republicans — for passing the legislation, hailing it as a solution to a proliferation of unlawful tenancy.
“Beyond the obvious property rights issues involved, this legislation will enhance the safety and security of communities and neighborhoods and will make housing more accessible and attainable,” the group said in a press release.
But Eric Dunn, the National Housing Law Project’s litigation director, countered that squatting isn’t a big enough problem to warrant this kind of measure.
“Squatting on real property is rare and insignificant,” he said in an email. “It does not occur with sufficient frequency to demand serious policy discussion.” The National Housing Law Project advocates for tenants and low-income homeowners.
Could landlords abuse new law?
Dunn noted that property owners already possess ample legal tools to remove squatters. “Enacting unnecessary new measures to make removing squatters even quicker and easier than it already is could threaten the rights and procedures for legitimate tenants, whom landlords might falsely accuse of squatting in order to circumvent tenant protections,” he warned.
Some predatory landlords, he added, already find ways to illegally evict renters, by changing locks, cutting off utilities, or employing other dubious tactics.
This new law could empower some Georgia landlords to wrongly deem tenants illegal occupants to have them removed, Dunn said. “Criminalizing squatting, as the Georgia legislation does, raises the specter of police removing occupants just because the landlord claims they are squatters.”
“This kind of law can also have a chilling effect on tenants, who often do not know what rights and protections may be available to them and may not trust police to honor or respect their rights as tenants or lawful occupants,” he added.
Atlanta Volunteer Lawyers Foundation executive director Michael Lucas echoed Dunn’s concerns. He said in a text message that his organization, which represents tenants facing eviction, already deals with illegal evictions “far too often.”
“The concern with this legislation is that it will give unscrupulous landlords another tool to force tenants out and violate their rights,” Lucas said.
Monica Johnson, an organizer with the Housing Justice League, a local tenant advocacy group, said HB 1017 underscores Georgia lawmakers’ unwillingness to confront the statewide shortage of affordable housing, now at a crisis level for many residents.
“The government of the state of Georgia, while attacking unions that seek to increase wages, maintains a ban on rent control, while rents have increased approximately 30% just over the pandemic,” she said in an email.
“The cynical criminalization of squatters while creating the conditions for homelessness shows a deep disparity between these officials’ jobs as public servants and their allegiance to the interests of property owners,” Johnson said.
HB 1017’s sponsors did not respond to multiple requests for comment.
I would like to plead with anyone interested in squatting to go into Eric Dunn’s house with a fake lease and take over his house. This guy has to take his own medicine. My God how sweet the poetic justice will be!
Absolutely agree.
It is very wrong to go and squat on another person‘s property that lives there while they’re on vacation, or their car.
But it should not be unlawful for people to stay in abandon homes, that are abandoned empty and laying dormant.
That is a waste of property. That’s what I’m talking about when it comes to religious people that believe in Jesus,
They believe in everything, except for the part where it says to love the neighbor, and to make sure that you feed and provide for the people who are less fortunate. These high rent prices crazy as AF🤨
Really, Jesus Christ? I have several units that were vacant for years, that I paid for and didn’t have the money or time to renovate. There were occasional squatters. I didn’t care… until I did. They literally sh!t everywhere but the toilet, they caught one place on fire burning wire or crack, but the worst was they kept painting graffiti on the buildings and I kept getting cited by code enforcement & had to clean up after them over and over. I wrote them a note to at least take care of the place if they’re staying in it for free. They wouldn’t, so I locked them out. NO ONE has a right to take over anything that I own. It’s sad that people think they have a right to what others have sacrificed to gain. They have no right to what doesn’t belong to them. Their misfortune should not be my burden, unless I choose it to be. Hopefully everyone takes some burden of others in some respect, but it’s no one’s right to make that choice .
I second this! He is exactly what no one needs in a leadership role. His point of view is mind blowing.
Lets be real squatting is a problem. Advocates don’t own property or operate rental business. Yet they know what’s best what a joke. Let it be there 200,000 home on the line infested with squatters and the narrative changes. They big mad the loophole is closed. I monitor tenant protection groups so I know the latest technique they tell people on how to stay “safely housed” in someone’s else’s property they stopped paying rent in. And squatting is one….. Good job Governor Kemp! “Keep Choppin”. And let’s make sure we evict quick!!!
How to actually use this bill for the landlord who already has the Writ of Possession from the court, but Captain Hill of Fulton County refuses to provide a date on when an eviction will occur of illegal squatters.
Furthermore, I called the city of South Fulton today to enforce this bill and was told I still had to wait on the Marshal, despite me having an approved Writ of Possession in my hand from a month ago.
When is the law enforcement officers going to get the memo that squatters have to GO???
Hi Shannon,
You are not the only one suffering.
Report to your local government congressman in addition to Kemp and get news media involved.
The marshalls office DOES NOT have any off duty officers approved in hand for the evictions because they have NOT GOTTEN department approval for off duty evictions.
Night court and having actually a off duty officers in hand would solve this issue.
These deadbeat tenants are the same ones that keep them voted in ironically.
I too had a horrible experience with Captain Hill! It took him THREE MONTHS just to serve the tenant!! Infuriating that he intentionally set aside my papers, on his desk, despite my pleas & inquiries.
The tenant contacted Capt. Hill and made up lies, like he always did. Like I tried to break into his home and steal his dog, I’m prejudice, I’m privileged, I evicted him wrongly. He is always the victim. He’s crazy and had 4 other evictions on his record! I don’t know what he said to convince Capt Hill not to serve the papers and be so blinded with lies. The courts ended up dismissing the case because it became inactive as Hill would not serve the papers!! Once I was finally able to get past the gatekeeper and speak to Capt Hill, I told him it was dismissed and asked him why. He had the case reinstated that day and served him. It takes an average of 2 weeks to serve papers! Then you have to wait months to have the eviction scheduled. It was a 10 mo process.
The guy I was evicting not only had 4 other evictions, but had a 6th one while I was in the process of mine! A really bad guy. He kept all of his belongings at my home then started living in his exes home. She had to file an eviction to get him out. He was also abusive. She started her process well after mine, yet hers was over and done with while I was still in the process. Infuriating that a Captain can let a criminal wrongfully influence his duty to serve. The judges decision to grant the writ and his oath should supersede any of his personal feelings about a one sided story from a horrible, manipulative human being.
By the time the eviction was finally scheduled, the guy is so crazy that TWELVE armed marshals showed up! One with a gun pointed directly at the door. I went through 2 yrs of the worst Hell from that tenant, making up lies after lies, literally had me kicked off my own 8 unit property because he told the police he had a protection order against me for trying to steal his dog. I’m like, WTF are you talking about. I was there changing a ceiling fan at another unit. He is so convincing that the police officer said to me, “You need to treat your tenants better”. I am literally the nicest, most gracious and accommodating landlord anyone can ever have, to my own fault. The officer began to realize that after I showed him the text exchanges. They ended up illegally kicking me off my property and I drove home literally crying. I was in shock. I was devastated that the police ganged up on me, would barely let me speak and someone of authority believed that piece of poo of a person. A manipulator and liar when I care so much for my tenants. And then… It happens all over again with Captain Hill.
Not only does he cost me even more undeserved anguish, but thousands and thousands of dollars. But that doesn’t matter to anyone. I’m the privileged, rich landlord, tenants are victims.
Everyone over 45 has a serious humanity issue.
I and a group of US Marine vets have a small business owning rental homes. We worked really hard to build this business. Nothing what so ever was handed to us. We busted our tails restoring these places to be nice affordable rentals. While the properties were vacant, up for rent. Twice had squatters breaking in to the properties and occupying them. These were the same folks often seen at intersections panhandling. These squatters trashing and destroying the place, stealing appliances, copper plumbing, hot water heaters and anything of value.
Clear indication of drug use going on. Empty bottles of booze and beer cans scattered. A tent setup in one of the back rooms and nasty stuff laying around. No telling what that was about. All these jerks had cell phones. Boxes and boxes of canned and boxed food, obviously either given or stolen from a food bank. Piles of clothing, as it appeared they were raiding clothing donation boxes. Trash piled up throughout the house. Stray animals from somewhere not being cared for. Clearly street smart Townies who know how to work the system.
Me and my Marine brothers gather. Lock and load. As a group we go to the property, ready. There is a discussion with these two legged cockroaches. They agree to a couple hundred dollars in hand to disappear by the next day. Break the deal, you will be on the wheel is understood.
They were fully aware we are were going to strike up the band early the next morning before dawn. Full clarity if we find them still at the property. Well you know, time to strike up the band, they won’t like the dance out the door. They were gone the next day.
Followed up having to spent so much money and time to restore the place.
We no longer put rent signs up at the properties, nor post them for rent on social media. Checking the property checking it daily when vacant. This law passing was way overdue. Property owners need to be protected first!!!
Eric Dunn is absolutely clueless, or for the sake of argument should he actually understand what is going on and is advocating for these scum of the earth criminals he is every bit as big a scumbag as them. No landlord ever wants to lose a good tenant, and typical bend over backwards to keep everyone happy, these aren’t even bad tenants these are strait up criminals, attempting to steal someones property,
For the property i have in Lithonia, I am never coming out from losses about 15K per year..those who are advocating tenant rights I highly recommend to own property and see for yourself and small landlord has to go through..its pitty those who follow law have to be Patient while tenant is not paying beyond two months and holding over lease period.