Changes may be coming to NJ laws on squatters
New Jersey lawmakers and county officials are looking to prevent squatting incidents in local communities amid concerns after a series of recent arrests throughout the country, including a New York City homicide.
Republican Sens. Doug Steinhardt, of Warren County, and Michael Testa, of Cumberland County, are calling on the state Legislature to advance their sponsored bill, S-275. The measure, introduced in January, would criminalize squatting, the act of living in an abandoned or unoccupied building or piece of land without the owner’s consent.
“If someone breaks into a home and begins living there, the property owner should have every right to evict that individual without delay,” Steinhardt said. “We can no longer allow people to abuse the system, sometimes for years, and face no consequences.”
The bill would classify squatting under one of three fourth-degree criminal offenses: housebreaking, unlawful occupancy and unlawful reentry. Currently, the practice is only a civil matter that requires a property owner to file an eviction claim, the senators said.
Sussex County Clerk Jeff Parrott, in a letter posted this month on the Sandyston Township Facebook page, said his office has received several requests in recent weeks for a list of abandoned Sussex properties. The county does not have any sort of list, he noted, as municipalities differ in their rules regarding vacant homes and properties.
“With current housing shortages, costs, and an increase in the number of vacant dwellings due to various economic factors, there is a heightened risk of individuals illegally occupying these properties and posing a threat to homeowners and neighborhoods,” Parrott wrote.
Squatting has made headlines at vacant luxury homes in Beverly Hills, California, and Nashville, Tennessee, over the past few months. Fears escalated when a woman was killed by two reported squatters in her New York City apartment in March.
Florida Gov. Ron DeSantis recently signed a bill authorizing property owners to request sheriff’s officers to immediately remove any unwanted individuals from their home. And in the wake of the New York killing, that state’s Assembly Republicans renewed calls to pass a bill filed last May that excludes squatters from tenant protections.
Squatters’ rights laws vary greatly from state to state, with numerous thresholds for how long the individuals must live at a property to have a legal right to live there. New Jersey and Louisiana are the two states that set the highest mark, at 30 years, according to the American Apartment Owners Association.
Among states that border New Jersey, Pennsylvania (21 years) and Delaware (20 years) have similarly strong legislation in place for squatters, while New York (10 years) is comparatively less strict. California and Montana have the lowest benchmark, at five years each.
Parrott’s letter called for towns to “take a proactive approach” to prevent squatting by educating homeowners about their property rights. Residents should report any suspicious activity, such as individuals loitering around vacant properties, to law enforcement.