Committee amends 'squatter' bill to remove 3-month trigger, approves favorable report
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Summary
The subcommittee advanced an unlawful-occupancy bill after removing language requiring a property to be unleased for three consecutive months; clerks and court officials sought to limit clerks' authority to sign stays of execution.
The subcommittee considered a bill addressing unlawful occupancy (described in the hearing as a squatter's bill). Ms. Benson said the bill provides procedures for seeking an ex parte court order to remove unlawful occupants, modifies appeal rules in the Residential Landlord and Tenant Act, and creates a new trespass-related offense for residential property.
Charles Real, Edgefield County clerk of court, asked that clerks not be authorized to sign orders staying execution on appeal, saying he did not feel comfortable performing that function and recommending that a judge sign such stays. Gwen Charles, a county clerk and association president, said in her practice clerks forward the request to a magistrate or circuit judge and do not sign stays themselves.
Thomas Howard (representing the Apartment Association) supported the bill but asked removal of language that required the property to have "not been leased to any person for 3 consecutive months" as a trigger. The committee approved a voice amendment to strike the 3-month language, then moved and approved a favorable report as amended.