PRINTER'S NO. 145
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.195
Session of
2025
INTRODUCED BY MASTRIANO, PENNYCUICK, FONTANA, BROWN, STEFANO AND
J. WARD, JANUARY 29, 2025
REFERRED TO JUDICIARY, JANUARY 29, 2025
AN ACT
Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
Judicial Procedure) of the Pennsylvania Consolidated
Statutes, providing for the offense of unlawful possession
and sale or lease of property and for the offense of
unauthorized occupancy of dwellings.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 18 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 36
UNLAWFUL POSSESSION AND SALE OR LEASE OF PROPERTY
Sec.
3601. Unlawful possession of dwelling.
3602. Perjury.
3603. Fraudulent sale or lease of residential real property.
§ 3601. Unlawful possession of dwelling.
(a) Offense defined.--A person commits the offense of
unlawful possession of a dwelling if any of the following occur:
(1) The person knowingly enters or remains unlawfully in
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19 a dwelling with the intent to commit a crime in the dwelling.
(2) The person knowingly enters or remains unlawfully in
an occupied building with the intent to commit a crime in the
occupied building.
(3) The person knowingly enters or remains unlawfully in
an unoccupied building with the intent to commit a crime in
the unoccupied building.
(4) The person knowingly enters or remains unlawfully in
a dwelling and intentionally causes $1,000 or more in damage
to the dwelling.
(b) Grading.--Unlawful possession of a dwelling is a felony
of the third degree.
§ 3602. Perjury.
A person commits the offense of perjury under section 4902
(relating to perjury) if the person does either of the
following:
(1) Swears with intent to mislead a public servant in
the performance of the public servant's duty and the person's
false statement is material to the action, proceeding or
matter involved.
(2) Knowingly presents a false document purporting to be
a lease agreement, deed or other instrument conveying or
providing a right to or in real property to another person
with the intent to civilly detain or to remain upon the real
property.
§ 3603. Fraudulent sale or lease of residential real property.
(a) Offense defined.--A person commits the offense of
fraudulent sale or lease of residential real property if the
person does either of the following:
(1) Lists or advertises residential real property for
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30 sale knowing that the person or the purported seller has no
legal title or authority to sell the property.
(2) Rents or leases residential real property to another
person knowing that the person or the purported lessor has no
legal ownership or other authority to lease the property.
(b) Grading.-- Fraudulent sale or lease of residential real
property is a felony of the second degree.
Section 2. Title 42 is amended by adding a chapter to read:
CHAPTER 68A
UNAUTHORIZED OCCUPANCY OF DWELLINGS
Sec.
68A01. Definitions.
68A02. Removal of unauthorized individuals.
68A03. Removal of squatter.
§ 68A01. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Dwelling." As follows:
(1) A building, structure, manufactured home or mobile
home, or part thereof, used and occupied or intended to be
used for human habitation.
(2) The term includes any:
(i) Outhouse and appurtenance belonging to the
dwelling or usually enjoyed with the dwelling.
(ii) Manufactured home or mobile home which is used
solely for a seasonal vacation purpose.
(iii) Residential structure that contains one to
four units, whether or not the structure is attached to
real property.
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30 (iv) Individual condominium unit, home or trailer,
if it is used as a residence.
(v) Individual residential apartment in any
multiunit building.
"Holdover tenant." A tenant who stays in a rental property
after their lease has ended without the landlord's consent.
"Immediate family member." As the term "immediate family" is
defined in 55 Pa. Code § 178.2 (relating to definitions).
"Law enforcement agency." Any of the following:
(1) A police department of a county, city, borough,
incorporated town or township.
(2) A county or city district attorney's office.
(3) The Pennsylvania State Police.
(4) The Office of Attorney General.
"Law enforcement officer." A member of the Pennsylvania
State Police, an individual employed as a police officer who
holds a certificate under 53 Pa.C.S. Ch. 21 Subch. D (relating
to municipal police education and training), a sheriff, deputy
sheriff or constable.
"Periodic tenancy." A written agreement between a tenant and
a landlord that the tenant will live on the landlord's property
for an undefined term until one of the parties issues, in
writing, a notice of termination.
"Squatter." An individual occupying a dwelling who is not
entitled to occupy the dwelling under a lease or rental
agreement or authorized by a tenant to occupy the dwelling. The
term does not include a tenant who holds over in a periodic
tenancy if a valid written agreement or lease has been signed
and executed by both parties.
"Tenant." An individual who occupies real property or a
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30 dwelling owned by another based upon a written and executed
agreement between the individual and the landlord or owner of
the property.
§ 68A02. Removal of unauthorized individuals.
(a) Affidavit.--The owner of a dwelling or the agent of the
owner of a dwelling may request the removal of an unauthorized
individual from the dwelling by submitting a sworn affidavit to
a law enforcement agency in the county, city or municipality
where the dwelling is located within this Commonwealth
containing all of the following elements:
(1) The affiant is the owner of the dwelling or the
agent of the owner of the dwelling.
(2) An individual has entered and is remaining
unlawfully in the dwelling.
(3) The individual was not authorized to enter the
dwelling or remains in the dwelling.
(4) The individual is not a tenant or a holdover tenant.
(5) The affiant has requested that the unauthorized
individual vacate the dwelling as provided under this section
and the individual has not done so.
(6) The unauthorized individual is not an immediate
family member of the owner.
(7) There is no pending litigation related to the
dwelling between the owner and the unauthorized individual.
(b) Form of affidavit.--The sworn affidavit requesting the
removal of an unauthorized individual from a dwelling must be
substantially in the following form:
Affidavit to Remove An Individual
Unauthorized to Occupy Dwelling
I, the owner, or authorized agent of the owner, of the
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30 dwelling located at declare under the penalty of
perjury that:
1. I am the owner of the dwelling or the authorized agent of
the owner of the dwelling.
2. The real property is a dwelling.
3. An unauthorized individual has unlawfully entered or
remained in the dwelling.
4. The unauthorized individual is not a tenant, a holdover
tenant or an immediate family member of the owner, and any lease
that may be produced by the unauthorized individual is
fraudulent.
5. The unauthorized individual does not have an ownership
interest in the property and is not listed on the title to the
property unless the individual has engaged in title fraud.
6. There is no litigation related to the dwelling pending
between the owner, or his or her agent, and any unauthorized
individual.
7. Notice was provided by hand delivery to the unauthorized
individual occupying the dwelling or by posting notice on the
front door or entrance of the dwelling, and evidence of the
notice, including the date and time of delivery, is attached.
8. I understand that an individual removed from the property
pursuant to this affidavit may bring a cause of action against
me for any false statements made in this affidavit, or for
wrongfully using this procedure, and that, as a result of the
action, I may be held liable for actual damages, penalties,
costs, and reasonable attorney fees.
9. I am requesting law enforcement to remove, as soon as
possible, the unauthorized individual from the dwelling.
10. A copy of my valid government-issued identification is
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30 attached, or I am an agent of the property owner, and documents
evidencing my authority to act on the property owner's behalf
are attached.
I have read and assert the truth of every statement made in
this affidavit. I understand that my statements in this
affidavit are being made under penalty of perjury.
{Signature of Property Owner or Agent of Property Owner}
{Contact Information of Property Owner or Agent of Property
Owner}
(c) Process.--Upon receipt of the affidavit, the law
enforcement agency shall verify that the affiant is the record
owner of the dwelling or the authorized agent of the owner of
the dwelling and appears otherwise entitled to relief. Upon
verification and after at least 24 hours from receipt of the
affidavit, the law enforcement agency shall serve a notice to
immediately vacate on the unauthorized individual. Service may
be accomplished by hand delivery of the notice to an
unauthorized individual occupying the dwelling or by posting
notice on the front door or entrance of the dwelling. The law
enforcement agency shall also attempt to verify the identities
of all individuals occupying the dwelling and note the
identities on the return of service. If appropriate, a law
enforcement officer may arrest any individual found in the
dwelling for trespass, burglary, theft or any other criminal
act, or for an outstanding warrant.
(d) Notice.--
(1) The affiant must provide notice at the dwelling
notifying the unauthorized individual that the unauthorized
individual has no right to the dwelling and must vacate
immediately.
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30 (2) The notice must include the street address of the
law enforcement agency where the affidavit will be delivered.
(3) A copy of the notice with the date and time of
delivery must be attached to the affidavit.
(e) False affidavit.--An affiant who knowingly provides a
false affidavit to law enforcement under this section may be
prosecuted for false reporting to law enforcement authorities
under 18 Pa.C.S. § 4906 (relating to false reports to law
enforcement authorities).
(f) Liability.--No law enforcement officer, governmental
entity or political subdivision may be held liable for any
action or omission made in good faith under this section, to the
extent that the laws of this Commonwealth provide that a law
enforcement officer is not liable to an unauthorized individual
or any other party for loss, destruction or damage of property.
(g) Civil action.--An individual may bring a civil cause of
action for wrongful removal under this section against the
affiant. An individual harmed by a wrongful removal under this
section may have the possession of the dwelling restored and may
recover actual costs and damages incurred, as well as punitive
damages of triple the fair market rent of the dwelling, plus
court costs and reasonable attorney fees.
(h) Fee.--A law enforcement agency may charge a fee of not
more than $50 to process an affidavit filed under this section.
(i) Construction.--This section shall not be construed to
limit the rights of a property owner or limit the authority of a
law enforcement officer to arrest an unlawful occupant for
trespassing, theft, burglary or other crimes.
§ 68A03. Removal of squatter.
The removal of a squatter under this chapter shall not
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30 require the use of an eviction action.
Section 3. This act shall take effect in 90 days.
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