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Cities across the United States are facing a rising trend of squatting, where individuals illegally occupy properties they have no rights to. There have been numerous attempts by mainstream media to undermine the seriousness of this issue, labeling it as a “right-wing talking point”, a perspective that is inaccurate on multiple counts.
The increasing frequency of squatting, particularly in major cities, is a real problem that is being exacerbated by inadequate legislation and poor housing policies. In Atlanta alone there are an estimated 1,200 homes subject to squatting according to the National Rental Home Council. Examples of squatting can be traced back to 2013, highlighting a longstanding issue that the city has grappled with.
An ordinance was introduced by the Philadelphia City Council in 2018 to simplify the process of removing squatters. Squatters understood that it could take up to a year to legally remove them through the courts. This led to professional squatters occupying properties and demanding compensation to leave, an act the then-president of the Greater Philadelphia Association of Realtors described as “extortion.”
Instances of squatting can also be found in New York. Affected homeowners would vehemently disagree with the notion that squatting is purely a “right-wing talking point”.
The lack of housing supply is a prominent factor contributing to the squatting problem. The inadequate supply leads to increased housing prices which in turn pushes affordable housing out of reach for many. While this reality does not validate squatting, it does highlight the need for city, state and national leaders to focus on boosting housing supply as a long-term solution to the problem.
In the short term, local ordinances and state laws need to be revisited to ensure that illegal squatters are not treated similarly to lawful tenants who have authentic disputes with their landlords.
In Florida, Governor Ron DeSantis recently enacted a law that streamlines the process of removing squatters while also protecting tenants in legitimate disputes with homeowners. In response to a case in Queens, New York, legislation was introduced that explicitly exempted squatters from landlord/tenant law protections for tenants.
Diminishing the seriousness of the squatting problem or denying its existence amounts to indirect encouragement of an effort that ultimately destabilizes society. Squatting is a real problem that requires practical solutions. Denying its existence is essentially a denial of reality.
Mark Miller, a senior attorney at Pacific Legal Foundation, a public interest law firm defending Americans’ liberty against governmental overreach and abuse, provides more details on this issue.
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