Judiciary panel adopts expedited hearing and service requirements in wrongful-detainer amendment tied to "squatting" bills

The House Judiciary Committee adopted an amendment to a wrongful-detainer measure tied to several "squatting" bills and moved the matter favorably. The amendment prescribes a 14-day timeline and specific service steps when a petitioner seeks to remove an occupant alleged to be unlawfully in possession.

Under the amendment, when a petitioner files a wrongful-detainer complaint the court must set a hearing within 14 days. During that 14-day period the petitioner must attempt personal service twice on the person allegedly in unlawful possession on two different days. If personal service cannot be effected after two attempts, the petitioner may obtain substituted service by posting the summons conspicuously on the property and mailing the summons by first-class and certified mail. The court will hold the scheduled hearing; if the judge finds service was improper the hearing will not proceed. If the judge determines service was proper, the court may issue an order directing the sheriff to remove the person from the property.

A committee member described the amendment as incorporating sponsors of several related bills; the sponsor list was expanded to include Delegate Conway, Delegate Naaraki, Holmes and Addison as cosponsors, the committee was told in the hearing.

The amendment was adopted without recorded opposition at the time it was considered, and the committee moved the bill forward with a favorable recommendation.

The change standardizes timing and alternate-service steps for wrongful-detainer actions raised as part of a group of bills addressing unlawful occupancy.