Hobbs Denies Property Owners Much Needed Relief From Squatters

Hobbs Denies Property Owners Much Needed Relief From Squatters

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.

Bill Protecting Property Owners From Squatters Appears To Be Headed To Hobbs’ Desk

Bill Protecting Property Owners From Squatters Appears To Be Headed To Hobbs’ Desk

By Daniel Stefanski |

A bill to strengthen Arizona homeowners’ property protections may be close to the Governor’s Office.

The Arizona Legislature is wrapping up consideration of SB 1129, which would “allow 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 and outlines conditions that determine if a person is unlawfully occupying a residential dwelling; [and] deem that a person who fails or refuses to surrender possession of the property as directed by a law enforcement office is committing trespass” – according to the purpose from the Arizona Senate.

In a statement to support the legislation, Senator Wendy Rogers, the bill sponsor, said, “The issue of squatters taking over people’s homes is growing exponentially across the nation, including here in Arizona. People are scheming to take over homeowner’s properties, posing a threat to their safety and property rights. Arizonans are particularly vulnerable because of the number of snowbirds that leave their homes unoccupied for months at a time. 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.”

Rogers added, “I introduced SB 1129 to combat this issue by allowing a homeowner to request law enforcement immediately remove that person from the property. It’s important to note, the bill was written to address strangers occupying a home, not someone who has lived in the home with the owner or with permission of the owner. Therefore, it protects against situations involving domestic violence. We must put an end to this criminal activity. This bill will soon make its way to the Governor’s desk, and I urge her to sign it.”

The bill first passed the Arizona Senate in February with a bipartisan 18-8 vote (with four members not voting). It was amended in the State House and passed with another bipartisan result, 39-19 (with two members not voting). SB 1129 was transmitted back to the State Senate for concurrence, where it remains for the present time.

Senators Farnsworth, Kavanagh, Kern, Shope, and Wadsack, and Representative Gillette joined Rogers as cosponsors of the legislation.

On the Arizona Legislature’s Request to Speak system, a representative from the Manufactured Housing Communities of Arizona signed in to support the bill. Representatives from the Arizona Coalition to End Sexual and Domestic Violence, Arizona National Organization for Women, State Conference NAACP, and WM E Morris Institute for Justice indicated their opposition to the proposal.

Last week, legislators held a press conference outside of the Arizona Capitol to mark the progress of the bill and urge its enactment into state law.

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