PHOENIX — Gov. Katie Hobbs has vetoed legislation that would have allowed law enforcement to immediately remove suspected squatters from a residence.
Senate Bill 1129 permitted property owners to request help from law enforcement and to remove someone they say is unlawfully occupying their home. The homeowner would have to fill out a sworn affidavit asserting the occupant is not a current or former tenant.
After receiving the affidavit, police would have to verify its author is the property owner and proceed with removing the unwanted occupant.
Democrats argued the bill's powers could be used by domestic abusers to exert economic control over victims.
"This bill fails to leverage existing legal mechanisms, respect the due process rights of lawful tenants, and minimize unintended consequences, such as for victims of domestic violence," the governor wrote in her veto letter.
Republicans disagreed and argued the legislation was needed to safeguard the rights of homeowners, especially the many snowbirds who leave their Arizona homes vacant for several months.
"We must have safety, we must protect our residents, we must protect property owners and property rights," state Sen. Wendy Rogers, R-District 7, said on April 17.
The current process in Arizona for removing an unlawful occupant can get complicated and may involve the courts.
The Phoenix Police Department has said officers will arrest suspected squatters for trespassing if they can't present any documentation showing they're allowed to live in the residence.
“If the individuals inside the residence have some type of contract for renting the property, the owner would have to do an eviction,” Phoenix Police Sgt. Brian Bower told 12News earlier this year.
The eviction process takes more time and would likely cost the homeowner legal fees.
Lawmakers in Florida recently changed their laws to allow property owners to ask police to remove unwanted squatters. Other states have introduced similar pieces of legislation.
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