This is how police are now enforcing Georgia’s news squatter laws following Channel 2 investigations

WSB-TV

21 May 202404:40

Summary

TLDRGeorgia has enacted tougher laws against squatters, transforming the issue from a civil to a criminal matter. The new legislation comes in response to investigative reports by Channel 2 Action News, which revealed how squatters were exploiting legal loopholes. Local police departments are now empowered to criminally charge squatters on the spot. South Fulton has established a special task force to address the issue. The law requires suspected squatters to present a lease within three days, and if the lease is found to be fraudulent, the case escalates to a felony. Additionally, the law enables not just homeowners but also neighbors and Homeowner Associations to report suspected squatters. The change aims to expedite the process of dealing with squatters, ensuring they are swiftly issued criminal citations and are no longer able to use fake leases to prolong their unlawful occupation.

Takeaways

🏚️ New Law: Georgia has implemented tougher penalties against squatters, turning it into a criminal offense rather than a civil matter.
🔍 Investigations: A series of investigations by Channel Two Action News exposed loopholes that squatters were exploiting, leading to the law change.
👮‍♂️ Police Powers: Local police departments, including South Fulton, have gained new powers to criminally charge squatters on the spot.
📜 Fake Leases: Suspected squatters have been using fake leases to claim tenancy, which the new law aims to combat.
🚔 Task Force: South Fulton has created a special task force to specifically target and deal with squatters using the new law.
👁️ Monitoring: The new law allows for immediate criminal citations to be issued to suspected squatters, requiring them to present a valid lease within three days.
📑 Lease Verification: If the presented lease is found to be fraudulent, the case escalates from a misdemeanor to a felony.
🏘️ Expanded Reporting: The new law enables not just homeowners, but also neighbors and HOAs to report suspected squatters to the police.
🤔 Confusion for Renters: Some renters may be unaware they are squatting, having been deceived by companies that took their money without rightful claim to the property.
🏡 Eviction and Recurrence: The script mentions a case where a suspected squatter was evicted but then appeared at another property, indicating the complexity and recurrence of the issue.

Q & A

What is the new law in Georgia regarding squatters?
-The new law in Georgia imposes tougher penalties against squatters, making it a criminal offense that must be dealt with in Magistrate Court within days rather than a civil matter that could take weeks or months.
What was the situation before the new law was enacted?
-Before the new law, squatters could take advantage of loopholes and police were unable to criminally charge them on the spot. Squatting was a civil matter that often took a long time to resolve through the courts.
How are local police departments responding to the new law?
-Some police departments are still figuring out how to implement the new law, but South Fulton has created a special task force to pursue squatters with the authority of the new law.
What is the role of solicitors General and local magistrates in the new law?
-Solicitors General and local magistrates are part of the judicial system that is now empowered to deal with squatters as a criminal matter under the new law.
What happened when South Fulton police used their new powers to address squatters?
-When South Fulton police used their new powers to address squatters, the suspected squatters tried to flee and presented what the police believed to be fake leases.
What was the situation with Paul Call's DeKalb County home?
-Paul Call's DeKalb County home was occupied by a suspected squatter who presented a fake lease. The police were unable to prove the lease was fake and had to leave, telling Call it was not a criminal matter.
What has changed for homeowners like Paul Call with the new law?
-With the new law, homeowners like Paul Call can expect a quicker response from the police, who can now issue criminal citations to suspected squatters and deal with the matter in court more promptly.
What is the eviction process like under the new law?
-Under the new law, suspected squatters are supposed to immediately be issued a criminal citation and have three days to present a lease. If the lease is fraudulent, the case can escalate from a misdemeanor to a felony.
Who can report suspected squatters under the new law?
-Not just homeowners, but also neighbors and HOA members can report suspected squatters to the police under the new law, asking for an investigation into the squatter situation.
What happens if the people renting the homes were unaware they were squatting?
-If the people renting the homes were unaware they were squatting and were victims of a scam, these cases would be worked out in court, where the magistrate courts will make the final decision.

Outlines

00:00

🏚️ New Anti-Squatter Law in Georgia

Georgia has implemented stricter laws against squatters following investigative reports by Channel Two Action News. The new legislation aims to close loopholes that squatters were exploiting. Consumer investigator Justin Gray explores how local police departments are utilizing their new powers to charge squatters criminally. While many departments are still figuring out the enforcement process, South Fulton has established a special task force to address the issue. The law change has empowered police to issue criminal citations on the spot to suspected squatters, as seen in a recent incident where squatters fled when confronted. Previously, police could not take immediate action against squatters presenting fake leases, leaving property owners to deal with lengthy civil court processes. The updated law mandates that squatters be dealt with in Magistrate Court within days, turning it into a criminal matter. South Fulton police have already begun visiting properties under the new law, and suspected squatters are now issued criminal citations and given a three-day window to present a lease. If the lease is found to be fraudulent, the case escalates to a felony. The law also allows anyone, not just homeowners, to report suspected squatters.

Mindmap

Keywords

💡Squatters

Squatters are individuals who occupy a property without legal ownership or rights to do so. In the context of the video, squatters are taking advantage of legal loopholes to unlawfully reside in properties. The video discusses how the new law in Georgia is aimed at addressing this issue by making it a criminal offense, as opposed to a civil matter.

💡Tougher Penalties

Tougher penalties refer to more severe consequences or punishments for committing a crime or violation. The video script mentions that Georgia has implemented tougher penalties against squatters, indicating that the legal consequences for squatting have become more serious, which is part of the new law's intent to deter such behavior.

💡Legal Loopholes

Legal loopholes are gaps or ambiguities in the law that can be exploited to avoid the intended consequences of the law. The script discusses how squatters were taking advantage of such loopholes to occupy properties without legal repercussions. The new law aims to close these loopholes and provide clear legal consequences for squatting.

💡Criminal Citations

A criminal citation is a notice issued by law enforcement to an individual who has allegedly committed a crime, requiring them to appear in court. In the video, it is mentioned that under the new law, suspected squatters are to be immediately issued a criminal citation, which is a key change from the previous handling of such cases as civil matters.

💡Special Task Force

A special task force is a group formed to address a specific issue or problem. The script mentions that South Fulton has created a special task force to deal with squatters, demonstrating a proactive approach by local authorities to enforce the new law and address the issue of squatting more effectively.

💡Eviction Process

The eviction process is the legal procedure through which a landlord removes a tenant from a property. The video script refers to an eviction process involving a corporate landlord seeking to recover unpaid rent, indicating that the new law is also concerned with protecting the rights of property owners and ensuring that tenants who do not pay rent can be legally removed.

💡Fake Leases

A fake lease is a fraudulent document that falsely claims to grant the right to occupy a property. The script describes a situation where police officers were handed what they suspected to be a fake lease by a suspected squatter. The new law aims to address such fraudulent claims by making it easier to prosecute those who present fake leases.

💡Criminal Offense

A criminal offense is an act that violates the law and is punishable by the state. The video explains that under the new law, squatting has become a criminal offense, which means that those found guilty of squatting can now face criminal charges and penalties, as opposed to the previous civil penalties.

💡Magistrate Court

A magistrate court is a court that has limited jurisdiction and typically handles minor offenses and preliminary hearings. The script mentions that the new law stipulates that squatters must be dealt with in Magistrate Court, indicating a shift in how such cases are handled, with a focus on quicker resolution.

💡Unpaid Rent

Unpaid rent refers to the money owed by a tenant to a landlord for the use of a property. In the video, it is mentioned that a corporate landlord is looking to recoup $60,000 in unpaid rent, highlighting the financial impact of squatting on property owners and the importance of the new law in addressing this issue.

💡Scam Victims

A scam victim is someone who has been deceived or cheated, often financially. The script includes a case where an alleged squatter claims to be a scam victim, suggesting that some individuals may be unknowingly involved in squatting situations. The new law aims to clarify the legal standing of such cases and provide a framework for resolving them.

Highlights

Georgia's new law imposes tougher penalties against squatters.

The law was enacted following investigations by Channel Two Action News exposing squatters exploiting legal loopholes.

Consumer investigator Justin Gray is examining how local police departments are utilizing their new powers to charge squatters criminally.

Many departments are still figuring out how to implement the new law.

South Fulton has created a special task force to deal with squatters under the new law.

The new law allows police to criminally cite squatters on the spot.

Previously, suspected squatters could use fake leases to avoid immediate eviction.

The new law has shifted the handling of squatters from civil to criminal matters to be dealt with in Magistrate Court.

The law change aims to expedite the eviction process for squatters from weeks or months to a matter of days.

The new law empowers not only homeowners but also neighbors and HOAs to report suspected squatters.

Suspected squatters are now supposed to be issued a criminal citation immediately and have three days to present a lease.

If the presented lease is fraudulent, the case escalates from a misdemeanor to a felony.

Some renters were unaware they were squatting, having been scammed by a company.

The authenticity of the lease and the squatter's claims will be determined in court.

The new law aims to put suspected squatters on notice and change the dynamics of property occupation without permission.

Channel 2 Action News conducted an exclusive hidden camera investigation into squatter issues.

The story features a case where a suspected squatter, Teisha Bailey, was evicted but then found in another property nearby.

Bailey claims to be a scam victim rather than a squatter, highlighting the complexity of such cases.