Pennsylvania Senate Bill SB195

Pennsylvania 2025-2026 Regular Session

• Introduced: 1/29/25
• Refer: 1/29/25

Caption

Providing for the offense of unlawful possession and sale or lease of property and for the offense of unauthorized occupancy of dwellings.

Summary

SB 195 would create new criminal offenses and a new expedited removal process aimed at unauthorized occupants of dwellings, often described as squatters. In Title 18, the bill adds offenses for unlawful possession of a dwelling, perjury related to false real-property claims, and fraudulent sale or lease of residential real property. Unlawful possession would cover knowingly entering or remaining in a dwelling, occupied building, or unoccupied building with intent to commit a crime, as well as unlawfully entering a dwelling and causing at least $1,000 in damage; these offenses are graded as third-degree felonies. The bill also makes it a second-degree felony to advertise, sell, rent, or lease residential property while knowing the seller or lessor lacks legal title or authority. In Title 42, SB 195 creates a new chapter establishing a procedure for property owners or their agents to seek law enforcement removal of an unauthorized individual from a dwelling without going through a traditional eviction action. The owner must submit a sworn affidavit to local law enforcement, certify that the person is not a tenant, holdover tenant, or immediate family member, and confirm there is no pending litigation over the dwelling. After verification and at least 24 hours, law enforcement must serve a notice to vacate and may identify occupants and arrest for related crimes if appropriate. The bill also authorizes a civil remedy for wrongful removal, including restoration of possession, actual damages, punitive damages equal to triple fair market rent, costs, and attorney fees, and allows agencies to charge up to a $50 processing fee. The bill would affect Pennsylvania property, criminal, and civil procedure law by creating new statutory definitions for dwelling, tenant, holdover tenant, periodic tenancy, and squatter, and by giving law enforcement a direct role in removing unauthorized occupants. It would also clarify that removal of a squatter under this chapter does not require an eviction action, potentially bypassing the normal landlord-tenant eviction process in certain cases. The measure includes protections against false affidavits and limits liability for law enforcement and local governments acting in good faith. Because there are no committee transcripts or recorded votes provided, the available context does not show formal debate or recorded support/opposition. Based on the bill text, the overall posture appears strongly pro-property-owner and anti-squatting, with an emphasis on faster enforcement and deterrence of fraudulent property claims. At the same time, the inclusion of civil liability for wrongful removal and penalties for false affidavits suggests an attempt to address due-process concerns. Likely points of contention would center on whether the bill appropriately distinguishes squatters from tenants or holdover tenants, whether law enforcement should be involved in what can be a civil possession dispute, and whether the expedited process could lead to wrongful removals. Property owners and supporters of stronger anti-squatting enforcement would likely favor the bill, while tenant advocates, civil liberties groups, and others concerned about due process may object to the reduced role for eviction courts and the risk of mistaken or abusive affidavits.

Impact

SB 195 would amend Titles 18 and 42 of the Pennsylvania Consolidated Statutes by adding new crimes related to unlawful possession of property and fraudulent real-estate transactions, and by creating a new chapter authorizing law-enforcement-assisted removal of unauthorized occupants from dwellings. It would supplement existing trespass, burglary, theft, false reporting, and perjury laws with specific offenses and procedures focused on residential property, while also creating civil remedies and liability protections tied to the new removal process. The bill would directly affect property owners, tenants, alleged squatters, law enforcement agencies, and local governments.

Sentiment

No committee transcript or vote history is provided, so there is no recorded legislative debate or roll-call sentiment to summarize. On its face, the bill is framed as a property-rights and anti-squatting measure, suggesting likely support from lawmakers concerned about unauthorized occupancy and fraudulent property claims. The inclusion of safeguards against false affidavits and wrongful removal indicates awareness of due-process concerns, but the overall structure favors rapid removal of unauthorized occupants.

Contention

The main points of contention are likely to be the scope of law enforcement authority, the possibility of bypassing eviction proceedings, and the risk of misclassifying lawful occupants as squatters. Supporters would likely argue that owners need a faster remedy against trespassers and fraudulent leases, while opponents may argue that disputes over occupancy and title should remain in court to protect tenants, holdover tenants, and other lawful occupants. The bill’s civil penalties for wrongful removal and criminal penalties for false affidavits appear designed to address these concerns, but they may not fully resolve worries about due process and mistaken removals.