SB 195 — 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.

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
 1   Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
 2      Judicial Procedure) of the Pennsylvania Consolidated
 3      Statutes, providing for the offense of unlawful possession
 4      and sale or lease of property and for the offense of
 5      unauthorized occupancy of dwellings.
 6      The General Assembly of the Commonwealth of Pennsylvania
 7   hereby enacts as follows:
 8      Section 1.       Title 18 of the Pennsylvania Consolidated
 9   Statutes is amended by adding a chapter to read:
10                                   CHAPTER 36
11             UNLAWFUL POSSESSION AND SALE OR LEASE OF PROPERTY
12   Sec.
13   3601.    Unlawful possession of dwelling.
14   3602.    Perjury.
15   3603.    Fraudulent sale or lease of residential real property.
16   § 3601.    Unlawful possession of dwelling.
17      (a)    Offense defined.--A person commits the offense of
18   unlawful possession of a dwelling if any of the following occur:
19             (1)   The person knowingly enters or remains unlawfully in
 1      a dwelling with the intent to commit a crime in the dwelling.
 2             (2)   The person knowingly enters or remains unlawfully in
 3      an occupied building with the intent to commit a crime in the
 4      occupied building.
 5             (3)   The person knowingly enters or remains unlawfully in
 6      an unoccupied building with the intent to commit a crime in
 7      the unoccupied building.
 8             (4)   The person knowingly enters or remains unlawfully in
 9      a dwelling and intentionally causes $1,000 or more in damage
10      to the dwelling.
11      (b)    Grading.--Unlawful possession of a dwelling is a felony
12   of the third degree.
13   § 3602.    Perjury.
14      A person commits the offense of perjury under section 4902
15   (relating to perjury) if the person does either of the
16   following:
17             (1)   Swears with intent to mislead a public servant in
18      the performance of the public servant's duty and the person's
19      false statement is material to the action, proceeding or
20      matter involved.
21             (2)   Knowingly presents a false document purporting to be
22      a lease agreement, deed or other instrument conveying or
23      providing a right to or in real property to another person
24      with the intent to civilly detain or to remain upon the real
25      property.
26   § 3603.    Fraudulent sale or lease of residential real property.
27      (a)    Offense defined.--A person commits the offense of
28   fraudulent sale or lease of residential real property if the
29   person does either of the following:
30             (1)   Lists or advertises residential real property for

20250SB0195PN0145                     - 2 -
 1      sale knowing that the person or the purported seller has no
 2      legal title or authority to sell the property.
 3            (2)   Rents or leases residential real property to another
 4      person knowing that the person or the purported lessor has no
 5      legal ownership or other authority to lease the property.
 6      (b)     Grading.--Fraudulent sale or lease of residential real
 7   property is a felony of the second degree.
 8      Section 2.        Title 42 is amended by adding a chapter to read:
 9                                    CHAPTER 68A
10                        UNAUTHORIZED OCCUPANCY OF DWELLINGS
11   Sec.
12   68A01.   Definitions.
13   68A02.   Removal of unauthorized individuals.
14   68A03.   Removal of squatter.
15   § 68A01.    Definitions.
16      The following words and phrases when used in this chapter
17   shall have the meanings given to them in this section unless the
18   context clearly indicates otherwise:
19      "Dwelling."        As follows:
20            (1)   A building, structure, manufactured home or mobile
21      home, or part thereof, used and occupied or intended to be
22      used for human habitation.
23            (2)   The term includes any:
24                  (i)    Outhouse and appurtenance belonging to the
25            dwelling or usually enjoyed with the dwelling.
26                  (ii)    Manufactured home or mobile home which is used
27            solely for a seasonal vacation purpose.
28                  (iii)    Residential structure that contains one to
29            four units, whether or not the structure is attached to
30            real property.

20250SB0195PN0145                        - 3 -
 1                (iv)    Individual condominium unit, home or trailer,
 2          if it is used as a residence.
 3                (v)    Individual residential apartment in any
 4          multiunit building.
 5      "Holdover tenant."     A tenant who stays in a rental property
 6   after their lease has ended without the landlord's consent.
 7      "Immediate family member."      As the term "immediate family" is
 8   defined in 55 Pa. Code § 178.2 (relating to definitions).
 9      "Law enforcement agency."      Any of the following:
10          (1)     A police department of a county, city, borough,
11      incorporated town or township.
12          (2)     A county or city district attorney's office.
13          (3)     The Pennsylvania State Police.
14          (4)     The Office of Attorney General.
15      "Law enforcement officer."      A member of the Pennsylvania
16   State Police, an individual employed as a police officer who
17   holds a certificate under 53 Pa.C.S. Ch. 21 Subch. D (relating
18   to municipal police education and training), a sheriff, deputy
19   sheriff or constable.
20      "Periodic tenancy."      A written agreement between a tenant and
21   a landlord that the tenant will live on the landlord's property
22   for an undefined term until one of the parties issues, in
23   writing, a notice of termination.
24      "Squatter."      An individual occupying a dwelling who is not
25   entitled to occupy the dwelling under a lease or rental
26   agreement or authorized by a tenant to occupy the dwelling. The
27   term does not include a tenant who holds over in a periodic
28   tenancy if a valid written agreement or lease has been signed
29   and executed by both parties.
30      "Tenant."    An individual who occupies real property or a

20250SB0195PN0145                     - 4 -
 1   dwelling owned by another based upon a written and executed
 2   agreement between the individual and the landlord or owner of
 3   the property.
 4   § 68A02.    Removal of unauthorized individuals.
 5      (a)     Affidavit.--The owner of a dwelling or the agent of the
 6   owner of a dwelling may request the removal of an unauthorized
 7   individual from the dwelling by submitting a sworn affidavit to
 8   a law enforcement agency in the county, city or municipality
 9   where the dwelling is located within this Commonwealth
10   containing all of the following elements:
11            (1)   The affiant is the owner of the dwelling or the
12      agent of the owner of the dwelling.
13            (2)   An individual has entered and is remaining
14      unlawfully in the dwelling.
15            (3)   The individual was not authorized to enter the
16      dwelling or remains in the dwelling.
17            (4)   The individual is not a tenant or a holdover tenant.
18            (5)   The affiant has requested that the unauthorized
19      individual vacate the dwelling as provided under this section
20      and the individual has not done so.
21            (6)   The unauthorized individual is not an immediate
22      family member of the owner.
23            (7)   There is no pending litigation related to the
24      dwelling between the owner and the unauthorized individual.
25      (b)     Form of affidavit.--The sworn affidavit requesting the
26   removal of an unauthorized individual from a dwelling must be
27   substantially in the following form:
28                     Affidavit to Remove An Individual
29                      Unauthorized to Occupy Dwelling
30      I, the owner, or authorized agent of the owner, of the

20250SB0195PN0145                    - 5 -
 1   dwelling located at             declare under the penalty of
 2   perjury that:
 3      1. I am the owner of the dwelling or the authorized agent of
 4   the owner of the dwelling.
 5      2. The real property is a dwelling.
 6      3. An unauthorized individual has unlawfully entered or
 7   remained in the dwelling.
 8      4. The unauthorized individual is not a tenant, a holdover
 9   tenant or an immediate family member of the owner, and any lease
10   that may be produced by the unauthorized individual is
11   fraudulent.
12      5. The unauthorized individual does not have an ownership
13   interest in the property and is not listed on the title to the
14   property unless the individual has engaged in title fraud.
15      6. There is no litigation related to the dwelling pending
16   between the owner, or his or her agent, and any unauthorized
17   individual.
18      7. Notice was provided by hand delivery to the unauthorized
19   individual occupying the dwelling or by posting notice on the
20   front door or entrance of the dwelling, and evidence of the
21   notice, including the date and time of delivery, is attached.
22      8. I understand that an individual removed from the property
23   pursuant to this affidavit may bring a cause of action against
24   me for any false statements made in this affidavit, or for
25   wrongfully using this procedure, and that, as a result of the
26   action, I may be held liable for actual damages, penalties,
27   costs, and reasonable attorney fees.
28      9. I am requesting law enforcement to remove, as soon as
29   possible, the unauthorized individual from the dwelling.
30      10. A copy of my valid government-issued identification is

20250SB0195PN0145                 - 6 -
 1   attached, or I am an agent of the property owner, and documents
 2   evidencing my authority to act on the property owner's behalf
 3   are attached.
 4      I have read and assert the truth of every statement made in
 5   this affidavit. I understand that my statements in this
 6   affidavit are being made under penalty of perjury.
 7      {Signature of Property Owner or Agent of Property Owner}
 8      {Contact Information of Property Owner or Agent of Property
 9   Owner}
10      (c)   Process.--Upon receipt of the affidavit, the law
11   enforcement agency shall verify that the affiant is the record
12   owner of the dwelling or the authorized agent of the owner of
13   the dwelling and appears otherwise entitled to relief. Upon
14   verification and after at least 24 hours from receipt of the
15   affidavit, the law enforcement agency shall serve a notice to
16   immediately vacate on the unauthorized individual. Service may
17   be accomplished by hand delivery of the notice to an
18   unauthorized individual occupying the dwelling or by posting
19   notice on the front door or entrance of the dwelling. The law
20   enforcement agency shall also attempt to verify the identities
21   of all individuals occupying the dwelling and note the
22   identities on the return of service. If appropriate, a law
23   enforcement officer may arrest any individual found in the
24   dwelling for trespass, burglary, theft or any other criminal
25   act, or for an outstanding warrant.
26      (d)   Notice.--
27            (1)   The affiant must provide notice at the dwelling
28      notifying the unauthorized individual that the unauthorized
29      individual has no right to the dwelling and must vacate
30      immediately.

20250SB0195PN0145                    - 7 -
 1            (2)   The notice must include the street address of the
 2      law enforcement agency where the affidavit will be delivered.
 3            (3)   A copy of the notice with the date and time of
 4      delivery must be attached to the affidavit.
 5      (e)     False affidavit.--An affiant who knowingly provides a
 6   false affidavit to law enforcement under this section may be
 7   prosecuted for false reporting to law enforcement authorities
 8   under 18 Pa.C.S. § 4906 (relating to false reports to law
 9   enforcement authorities).
10      (f)     Liability.--No law enforcement officer, governmental
11   entity or political subdivision may be held liable for any
12   action or omission made in good faith under this section, to the
13   extent that the laws of this Commonwealth provide that a law
14   enforcement officer is not liable to an unauthorized individual
15   or any other party for loss, destruction or damage of property.
16      (g)     Civil action.--An individual may bring a civil cause of
17   action for wrongful removal under this section against the
18   affiant. An individual harmed by a wrongful removal under this
19   section may have the possession of the dwelling restored and may
20   recover actual costs and damages incurred, as well as punitive
21   damages of triple the fair market rent of the dwelling, plus
22   court costs and reasonable attorney fees.
23      (h)     Fee.--A law enforcement agency may charge a fee of not
24   more than $50 to process an affidavit filed under this section.
25      (i)     Construction.--This section shall not be construed to
26   limit the rights of a property owner or limit the authority of a
27   law enforcement officer to arrest an unlawful occupant for
28   trespassing, theft, burglary or other crimes.
29   § 68A03.    Removal of squatter.
30      The removal of a squatter under this chapter shall not

20250SB0195PN0145                    - 8 -
1   require the use of an eviction action.
2      Section 3.   This act shall take effect in 90 days.




20250SB0195PN0145                 - 9 -