Westmoreland Review

Jul. 11, 2024

Establishing Clear Guidelines for Handling Squatters in Pennsylvania

News outlets nationwide have reported instances where homeowners and property owners find individuals living on their property, claiming to be tenants and refusing to leave. This practice, known as squatting, has seen multiple high-profile incidents recently.

There is no standard approach across states for dealing with squatters, leading to confusion and inconsistencies that challenge both property owners and law enforcement. To address this issue, the House and Senate have advanced legislation aimed at codifying Pennsylvania case law to establish more certainty for landlords, law enforcement, and homeowners encountering squatters.

In New York, any occupant who has been in possession of a premises for 30 consecutive days or longer is granted tenancy rights. This means that even if the individual(s) did not obtain possession legally from the owner, they would be considered tenants requiring formal eviction procedures to remove them. This process is time-consuming and costly for homeowners while placing an undue burden on the judicial system.

Conversely, in Pennsylvania, individuals are considered trespassers once the landowner warns them they are not welcome and instructs them to vacate. Under Pennsylvania law, individuals who remain in any place where they are not licensed or privileged are deemed trespassers. This approach provides a more effective mechanism for homeowners to reclaim their properties quickly without legal hurdles.

However, grey areas complicate the process due to a lack of a unified legal framework causing significant variations in responses to squatting incidents. This inconsistency underscores the need for legislation that clearly defines squatters' legal status and standardizes their removal process from residential properties.

Senate Bill 1236 aims to address these inconsistencies by codifying existing case law into a comprehensive legal framework. The bill passed the General Assembly and now awaits Gov. Josh Shapiro’s signature to become law. It seeks to provide clarity ensuring that homeowners can protect their properties without facing undue legal challenges while giving law enforcement clear guidelines when addressing squatting incidents.

This legislation also focuses on maintaining community integrity and security by mitigating problems such as property damage, loss of rental income for landlords, and decreased property values in surrounding homes through established guidelines fostering a safer environment.

Rep. Jill Cooper stated: "This is good commonsense legislation... We can now ensure property owners are better protected and squatters are dealt with in a fair and timely matter."

Additional News:

Fair Scheduled for July 27 – A Community Health, Wellness & Career Fair will be held on Saturday, July 27 from 10 a.m.-1 p.m., at Knead Café Banquet on Barnes (1011 Barnes St., New Kensington). The event includes organizations serving neighborhoods with prize raffles and live bloodhound demonstrations.

Legal Summit Planned for Aug. 9 – In partnership with Summit Legal Aid offering free legal advice on Friday Aug. 9 from 1-4 p.m., at Valley Points Family YMCA (800 Constitution Blvd., New Kensington). Pre-registration encouraged but not required via summitlegal.org/new-kensington-summer-summit/.

Veterans Appreciation Breakfast set for Oct. 19 – Hosted by Rep Jill Cooper at Lamplighter Restaurant (6566 William Penn Highway Delmont) from 9-11 a.m., open to veterans residing within the district accompanied by one guest each; registration via New Kensington office at 724-472-4102 required.

Representative Jill Cooper

55th Legislative District

Pennsylvania House of Representatives

Media Contact: 717-260-6396

RepJillCooper.com / Facebook.com/RepJillCooper