hobbs
Hobbs Denies Property Owners Much Needed Relief From Squatters

April 30, 2024

By Daniel Stefanski |

Arizona homeowners were unable to acquire enhanced protections for their properties thanks to a veto from the state’s Democrat governor.

Earlier this week, Governor Katie Hobbs vetoed SB 1129, which would have “allow[ed] a property owner or the property owner’s authorized agent to request, from law enforcement, the immediate removal of a person who is unlawfully occupying a residential dwelling, outline[d] conditions that determine if a person is unlawfully occupying a residential dwelling, [and] deem[ed] that a person who fails or refuses to surrender possession of the property as directed by a law enforcement offer is committing trespass” – according to the purpose from the Arizona Senate.

In her veto letter to Senate President Warren Petersen, Hobbs explained that the proposed “fails to leverage existing legal mechanisms, respect the due process rights of lawful tenants, and minimize unintended consequences, such as for victims of domestic violence.”

Senator Wendy Rogers, the bill’s sponsor, reacted to the governor’s decision on her legislation, writing, “Criminals are scheming to take over homes that aren’t theirs, posing a threat to the safety of homeowners and infringing on their private property rights. Although we have trespassing laws, it’s often difficult to prove a person is unlawfully occupying a home and can result in a lengthy legal battle. Homeowners testified in committee hearings about their property being severely damaged, the subsequent astronomical costs from these criminals, and consequently, they felt incredibly violated. We should not further victimize homeowners with a time-consuming, cumbersome, and costly removal process.”

Rogers also addressed the governor’s reasoning in her letter, saying, “In her veto letter, Katie Hobbs claims this bill fails to protect the rights of lawful tenants and minimize unintended consequences for victims of domestic violence. Did she read the bill? It addresses illegal occupants, not lawful tenants. That’s precisely the point. This bill has absolutely NOTHING to do with landlord-tenant law and has exemptions for family members and anyone with an agreement to cohabitate.”

The governor’s veto attracted the attention of one of her colleagues from across the country and the political aisle – Florida Governor Ron DeSantis, who said, “The Governor of Arizona just vetoed a bill that we signed here in Florida so that these squatters could be ejected. What kind of a message does that send? You’re saying you can squat in somebody’s house and basically they got to go through a six month process.” DeSantis added, “We’re putting an end to the squatters scam in Florida. While other states are siding with the squatters, we are protecting property owners and punishing criminals looking to game the system.”

Senator Justine Wadsack, a cosponsor of the bill, also weighed in on the action from the Ninth Floor of the Arizona State Executive Tower. She said, “”As a Realtor, I’ve personally encountered a squatter occupying a home I was showing to a client. It was a terrifying threat to my safety, the safety of my clients, as well as to the homeowners. When I called the police, I was told there’s not much they could do. Nobody should ever be allowed to live in and occupy another person’s home without their permission, yet I continue to have constituents reach out to me with these types of stories. I’m proud of the swift and unified response Republican lawmakers made to fight this issue, it’s a shame Governor Katie Hobbs has vetoed yet another piece of commonsense bipartisan legislation.”

Senators Farnsworth, Kavanagh, Kern, Shope, and Representative Gillette – all Republicans – were cosponsors of the legislation.

Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.

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