This bill proposes several updates to current statutes regarding unlawful occupancy of residential properties. It introduces a new section, 12-1184, which allows property owners or their authorized agents to submit a sworn affidavit to local law enforcement asserting unlawful occupancy. The affidavit must include specific statements under penalty of perjury, such as the absence of a lawful tenancy, lack of rent payments, and prior notice to vacate. Upon receipt of the affidavit and proof of ownership, law enforcement is required to serve a notice to the occupant, and if they do not vacate within 48 hours, law enforcement can remove them and allow the property owner to secure the premises.

Additionally, the bill outlines protections for occupants who can present credible evidence of lawful tenancy, such as a valid lease or utility bills in their name. It establishes a process for wrongfully removed occupants to petition for an expedited court hearing and seek damages. The bill also introduces penalties for submitting false affidavits and grants immunity to law enforcement for actions taken in good faith under this section. Overall, the bill aims to streamline the process for addressing unlawful occupancy while ensuring protections for legitimate tenants.

Statutes affected:
Introduced Version: 12-1184, 13-1504, 33-1304.01