NHLP Releases Guidance Memo Regarding Anti-Squatting Legislation

How to Address the Increase in Anti-Squatting Legislation

Residential landlords and real estate interests are now pushing state legislatures to enact new measures not only to criminalize squatting in real property but also creating procedures to facilitate immediate, mandatory police intervention. Some of these laws even direct police to disregard lease documents that occupants may present to substantiate their rights to possession. Already new legislation has passed in multiple southern states, with similar bills pending or anticipated in many other states.

This memo discusses the types of legislation states have recently passed or taken under consideration, the lack of evidentiary support for new anti-squatting measures, the perils these laws raise for lawful occupants, and strategies for resisting passage of anti-squatting legislation or, where necessary, mitigating the impacts on legitimate tenants. The full memo can be found here.