New jersey lawmakers seek to squash upside down squatter rights law

New Jersey Lawmakers Seek to Squash Upside Down Squatter Rights Law

by
May 6, 2024
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TRENTON, NJ – News broadcasts in recent weeks have highlighted horror story cases of squatters taking over homes in the New York and New Jersey tri-state area. The way the current law works, squatters seem to have more rights than actual homeowners.

Now, a bill has been introduced in Trenton that would empower homeowners to get their homes back from these illegal invaders.

Assemblywoman Dawn Fantasia of District 24 (Morris, Sussex, and Warren), along with Assemblyman William B. Sampson, IV of District 31 (Hudson), and Assemblyman Michael Inganamort of District 24, has sponsored Bill A4250 to address the removal of unauthorized occupants from real property.

Introduced on May 2, 2024, the bill establishes an expedited ejectment proceeding in the Superior Court to remove individuals occupying real property without the owner’s consent, color of title, or prior payment for occupancy. Within three business days of receiving a verified complaint, the court must allow a hearing on the complaint to proceed and notify the property owner or their agent of the determination. If a special expedited ejectment proceeding is allowed, the court must schedule a hearing within five business days.

The bill requires the property owner or their agent to certify various aspects in the complaint, including prior notice to the occupant, lack of lawful tenancy or ownership, non-payment of rent, and absence of written permission to reside on the property. Occupants subject to a complaint are entitled to written notice of the hearing within 24 hours of scheduling.

If the court determines the complaint’s accuracy, it will issue a writ of possession, and an officer of the court will remove the unauthorized occupant. The bill also criminalizes the forging of documents to circumvent the special ejectment proceeding processes.

Furthermore, the legislation allows prevailing property owners to recover damages, including court costs and attorney’s fees, and provides for treble damages for unlawful entry and detainer. The bill is set to take effect on the first day of the third month following enactment and applies to actions initiated on or after that date.

Phil Stilton

Phil Stilton

Phil Stilton is the Editor and Publisher of Shore News Network, an independent digital news organization covering New Jersey, national politics, public policy, public safety, and community affairs. With years of experience reporting on local government, elections, law enforcement, and issues impacting residents throughout New Jersey, Stilton has built a reputation for delivering timely news, in-depth reporting, and accountability journalism.

As the founder of Shore News Network, Stilton oversees editorial operations, investigative reporting, and breaking news coverage while working closely with journalists, public officials, and community leaders. His reporting has covered municipal government, state politics, federal policy, public records investigations, emergency management, and major news events affecting local communities.

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