Why I authored a bill to ban illegal squatting in California communities | Opinion

There is a growing trend in California of unauthorized individuals unlawfully entering and occupying empty residential properties. The need for decisive action is urgent, which is why I authored Senate Bill 448, also known as the Trespassing Response and Remedies Act.

SB 448 is a critical step in protecting property owners, renters and the safety of our communities. It seeks to address the dangers posed by squatting and unlawful trespassing by providing law enforcement with the necessary tools to respond swiftly and effectively.

When squatters take residence without authorization, they create hazards that go beyond inconvenience: Unlawful trespassing destabilizes neighborhoods and exposes property owners to escalating risks. These illegal occupants often contribute to hazardous living conditions, including unsafe structures, fire risks and potential criminal activity. This makes it more difficult for nearby homeowners and law-abiding renters alike to feel secure in their homes.

But why are squatters allowed to remain in homes in the first place? The answer lies in the gaps and limitations of our current laws.

Once someone unlawfully enters a vacant property and claims to live there, property owners often face the same lengthy and costly eviction process used for lawful tenants — even when no lease, rent payment or consent was ever given. In many cases, law enforcement views these situations as “civil matters” and is reluctant to intervene, especially once the squatter claims tenant rights. This has led to outrageous situations where squatters stay in homes for weeks, months or even years while legal battles drag on.

These legal gray areas are being exploited: Squatters have learned how to manipulate tenant protections to delay removal. Property owners — whether mom-and-pop landlords, military families away on duty or homeowners between renters — are left with few tools to regain control of their property quickly. And the longer a squatter stays, the more dangerous and expensive the situation becomes.

We can’t just let this go on and think the problem will go away on its own. SB 448 provides a clear, actionable framework for law enforcement to intervene quickly, ensuring that unauthorized occupants are removed in a timely manner while maintaining protections for legitimate renters and residents.

The bill allows a property owner or their agent to serve a formal demand to vacate on an unlawful occupant. If that demand is ignored, they may then request law enforcement assistance for removal. This process bypasses the drawn-out eviction track that was never meant for trespassers — restoring clarity and speed to an area of law that is currently broken. The process is especially crucial in situations where squatting presents immediate safety risks.

SB 448 does place some financial responsibility on property owners, who may be charged a reasonable fee by law enforcement to cover removal costs. While this may seem burdensome, these fees are minimal compared to the extreme losses caused by long-term squatting — including lost rent, property damage and legal fees.

The bill strikes a careful balance by ensuring that unlawful occupants can be removed efficiently while protecting the rights of real tenants and preserving public resources. It closes the loopholes that allow bad actors to game the system and gives communities the tools they need to prevent abuse and restore safety.

SB 448 is not just about protecting property rights — it’s about restoring common sense to our housing laws and defending the rule of law in our neighborhoods.

This story was originally published May 12, 2025 at 10:43 AM with the headline "Why I authored a bill to ban illegal squatting in California communities | Opinion."