July 2025 | Page 30

APARTMENT ADVOCATE
NATIONAL APARTMENT ASSOCIATION

Anti-Squatter Legislation Continues Momentum

30 states are considering bills, with 13 new laws enacted.
BY RAVI EHRBECK-MALHOTRA

In the first half of 2025, the National Apartment Association( NAA) has tracked an uptick in anti-squatter legislation at the state level, intended to provide housing providers and law enforcement with greater tools to address unauthorized occupants in vacant homes. 30 states are considering legislation, building on last year’ s momentum, and 13 states have enacted new or additional laws.

2024 saw a surge in legislation largely defining and criminalizing squatting to allow for removal by law enforcement and creating removal procedures distinct from states’ eviction processes. Previously treated as a civil issue, squatter removal without these procedures often leads to extended periods without relief for rental property owners. Squatters impose significant costs and safety concerns for rental communities: Delayed turnover,
lost rent, property damage and legal burdens. The current wave of legislation reflects a growing demand for practical, enforceable solutions.
KEY 2025 LEGISLATIVE TRENDS
Bills mirror or expand on previous efforts as states continue antisquatting push:
• Criminalization. More states are treating squatting as a felony, such as Wyo. and N. D., enabling quick police intervention and potentially deterring squatters.
• Expedited Removal. States like Ind., Ky. and Utah now allow affidavit / petition-based procedures for lawenforcement removal – often within 48 hours and sometimes paired with immunity protections for officers, further streamlining the process.
• Expanded Scope. New bills go beyond occupancy, targeting fraudulent property transactions, property damage and unpaid utility bills by squatters, signaling lawmakers’ increasing concern with squatting’ s broader effects on the industry.
• Resident Protections. States like Ind. and Tenn. allow recourse for wrongful removal, balancing strong enforcement with due process.
• Further Study. Ore. and Hawaii have pending legislation to establish working groups to study squatting, representing growing awareness of the issue.
13 states- Ark., Fla., Idaho, Ind., Ky., Md., Miss( H. B. 1200, S. B. 2328), Mont., N. D., Tenn., Utah, W. Va. and Wyo. have enacted legislation this year, running the gamut of legislative trends. Texas passed more comprehensive eviction reform
28 | TRENDS JULY 2025 www. aamdhq. org