The proposed "Removal of Squatters Act" establishes a legal framework for property owners or their agents to remove unauthorized occupants, known as squatters, from their dwelling units. Under this act, owners must submit a notarized affidavit to law enforcement, detailing the unauthorized person's presence and confirming that they have requested the individual to vacate. The affidavit must include specific elements, such as the identity of the owner or agent, the lack of authorization for the squatter's presence, and the absence of any familial relationship between the owner and the squatter. If an owner knowingly submits a false affidavit, they may face criminal penalties classified as a class A nonperson misdemeanor.
The act also outlines the responsibilities of law enforcement agencies in verifying the affidavit and serving a notice to the squatter to vacate the premises. It provides for a civil cause of action against owners or agents for wrongful removal, allowing harmed individuals to seek restoration of possession, actual damages, and punitive damages. Additionally, the act clarifies that squatters are excluded from the residential landlord-tenant act, meaning that their removal does not require traditional eviction processes. The act aims to protect property owners' rights while ensuring that legitimate occupants are not wrongfully displaced.