Sponsored by:
Assemblyman MICHAEL TORRISSI, JR.
District 8 (Atlantic, Burlington and Camden)
SYNOPSIS
Criminalizes unlawful occupancy of dwellings.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning unlawful occupancy of dwellings and supplementing Title 2C of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. As used in this act:
“Dwelling” means a structure or part thereof that is designed or intended for occupancy as a residence or sleeping place.
“Forcibly enters” means an entry involving an act of physical force resulting in damage to the structure; or the changing or manipulation of a lock to gain access.
b. A person who forcibly enters an uninhabited or vacant dwelling knowing or having reason to believe that such entry is without permission of the owner of the dwelling or an authorized representative of the owner, with the intent to take up residence or provide a residency to another therein, is guilty of housebreaking.
A person is presumed to know that an entry described in subsection b. of this section is without the permission of the owner of the dwelling or an authorized representative of the owner unless the person provides a written rental agreement that:
(1) Is notarized or signed by an authorized agent of the owner; and
(2) Includes the current address and telephone number of the owner or the owner’s authorized representative.
c. Housebreaking is a crime of the fourth degree.
2. a. A person who takes up residence in an uninhabited or vacant dwelling and knows or has reason to believe that such residency is without permission of the owner of the dwelling or an authorized representative of the owner is guilty of unlawful occupancy.
b. A person is presumed to know that the residency described in subsection a. of this section is without the permission of the owner of the dwelling or an authorized representative of the owner unless the person provides a written rental agreement that:
(1) Is notarized or signed by an authorized agent of the owner; and
(2) Includes the current address and telephone number of the owner or the owner’s authorized representative.
c. Unlawful occupancy is a crime of the fourth degree.
3. A person commits unlawful reentry, a crime of the fourth degree, if:
a. An owner of real property has recovered possession of the property from the person pursuant to court order; and
b. Without the authority of the court or permission of the owner, the person reenters the property.
4. This act shall take effect on the first day of the sixth month following enactment.
STATEMENT
This bill would criminalize unlawful occupancy of a dwelling, also known as “squatting.” Currently, squatting is not a criminal act. In order to lawfully evict a squatter, the owner of the property must apply to the court for a writ of possession.
This bill would create three criminal offenses: housebreaking, unlawful occupancy, and unlawful reentry. They would be crimes of the fourth degree.
Housebreaking. Under the bill, a person who forcibly enters an uninhabited or vacant dwelling knowing or having reason to believe that such entry is without permission of the owner of the dwelling or an authorized representative of the owner, with the intent to take up residence or provide a residency to another therein, would be guilty of housebreaking.
The bill provides that a person is presumed to know that an entry is without the permission of the owner of the dwelling or an authorized representative of the owner unless the person provides a written rental agreement that is notarized or signed by an authorized agent of the owner and includes the current address and telephone number of the owner or the owner’s authorized representative.
Unlawful Occupancy. The bill provides that a person who takes up residence in an uninhabited or vacant dwelling and knows or has reason to believe that such residency is without permission of the owner of the dwelling or an authorized representative of the owner is guilty of unlawful occupancy. A person is presumed to know that the residency is without the permission of the owner or an authorized representative unless the person provides a written rental agreement that is notarized or signed by an authorized agent of the owner, and includes the current address and telephone number of the owner or the owner’s authorized representative.
Unlawful Reentry. The bill provides that a person commits unlawful reentry if an owner of real property has recovered possession of the property from the person pursuant to a court order and, without the authority of the court or permission of the owner, the person reenters the property.
A crime of the fourth degree is punishable by a term of imprisonment of up to 18 months, a fine of up to $10,000, or both.