Attention Property Owners: How Philadelphia’s Proposed Squatter’s Law Could Help
Streamline the Ejectment Process
If you came to me, even a month ago, and told me you were considering purchasing a property with a squatter in it, I would have taken you through a long and boring discussion about how the ejectment process in Philadelphia takes forever and can cost a great deal of money. I would have told you horror stories of savvy squatters, who, after having their monetary demands rebuffed by the property owners, managed to find the money to hire a lawyer and essentially continued to squat in the property for the better part of 1.5 years. I would have told you that there is no hope here, these aren’t the droids you’re looking for, you should move on to greener pastures.
But now, there is hope…Sort of, almost.
Last year, Councilman David Oh introduced into legislative committee AN ORDINANCE Amending Title 10 of The Philadelphia Code, entitled “Regulation of Individual Conduct and Activity,” Chapter 10-800, “Safety,” by adding a new Section 10-840, “Criminal Squatters.” While initially shot down by (perhaps rightfully) concerned fellow council people, the measure was tinkered with and reintroduced this year and was…gasp! Actually passed and sent to the Mayor for his review and (hopeful) approval.
The goal of this legislation is simple: create a framework for the rank-and-file police and judges in our fair city to categorize, label and process situations where there is a potential squatter living illegally in a property, defined by the legislation as a “criminal squatter.” And in situations where there is a “criminal squatter,” to provide property owners and the courts with a mechanism to remove those squatters that would be much faster than the normal time frames involved in an ejectment.
The legislation first tries to define what makes someone a “criminal squatter”. Here is how it reads:
(d) Criminal Squatter. A person who occupies the residential property of another without any of the following:
(1) title, including by twenty-one (21) years of adverse possession of the real property;
(2) permission of the owner of said real property;
(3) the payment of rent or rent substitute to an individual whom the person in good faith believes is the owner of the property or is acting on such owner’s behalf;
(4) a legally recognized ground to withhold rent otherwise due; or
(5) any interaction with the owner of said real property, a prior owner of said real property, or an agent of either of the foregoing that would indicate a relationship recognized as a landlord-tenant relationship pursuant to the Pennsylvania Landlord-Tenant Act of 1951, April 6, 1951 (P.L. 69, No. 20), as amended, 68 P.S. § 250.101, et seq. (the “Landlord-Tenant Act”), with respect to said real property.
Now the complaints that have been lodged against this section have really been from the folks against the bill entirely, saying that, in certain cultures and areas in our City, we have much less sophisticated “renters” who enter into very tenuous relationships with owners that exist nowhere on paper, and that would be a ripe scenario for someone to exploit this law and get them kicked out as being illegal. On the flip side, to me it seems like it would invite squatters to simply lie and claim a relationship with the owner, where there was none, and then make the courts decide who to believe. I’m not sure how to improve this part of the Bill, but I can understand the issues folks are having with it.
So let’s assume you have someone who you believe is a criminal squatter, what next? Next, you fill out an “Owner Affidavit Alleging Criminal Squatting” which is a signed affidavit by the owner of a residential property or an authorized agent of such, file it with the police and “the Police shall promptly investigate the matter in accordance with its internal protocol for investigating criminal squatters.…” whatever that means. I am not hopeful that this part of the process will happen all that quickly, knowing what I know about the City’s government agencies.
However, an owner can be more proactive, and simultaneous to filing the affidavit with the police, also (have their trusty real estate lawyer) prep and file an ejectment complaint along with an “emergency preliminary injunction,” which is what really excites me. Previously, the courts in Philly would tell you that there is no way to speed up an ejectment, there are no default judgments and you have to just see it through on the normal timeline. Now, this law seeks to change that and I for one think it is a great idea and it would be a great tool. The law reads:
(a) Upon the filing with the Court of Common Pleas of Philadelphia of a complaint for ejectment supported by an owner affidavit alleging criminal squatting and a motion for emergency preliminary injunction pursuant to Pennsylvania Rules of Civil Procedure 1051-1058 and Philadelphia Court of Common Pleas Local Rule *208.3(a), the Court shall schedule an emergency hearing within five (5) business days, or such other time period as is necessitated by the circumstances presented or applicable court procedure. (b) A judge shall grant an emergency preliminary injunction, order the alleged criminal squatter to vacate the premises, and authorize the issuance of a writ of possession if the owner proves by a preponderance of the evidence that the owner is likely to prevail on the merits of the action for ejectment and a preliminary injunction is otherwise appropriate under applicable law.
So the court has to give the squatter a chance to fight it (as they should) but it also gives an owner a hope that, in the event that you really DO have an illegal squatter, that you will be able to get them out in weeks, instead of months or years. Write Mayor Kenney folks, if you think this is something that should pass.
You can read the entirety of the proposed Bill here.
As always, be in touch if you have any real estate legal needs. Write me at Joe@ConsoleLegal.com or give me a call anytime at 267-603-2493.
