Unicameral Update
The Judiciary Committee considered a measure March 5 intended to address the unlawful occupation of property.
LB443, as introduced by Elkhorn Sen. R. Brad von Gillern, would create a new criminal offense of unlawful squatting, defined as occupying another person’s property without the owner’s consent when not a resident or tenant. Violations would be a Class I misdemeanor.
An amendment brought by von Gillern to the hearing instead would add squatting to the state’s existing definition of first degree criminal trespassing, which also is a Class I misdemeanor.
Under the amendment, a property owner could request the removal of a person occupying their property without permission by submitting a sworn affidavit to a sheriff. The affidavit must confirm that the individual is not a holdover tenant or immediate family member of the owner or lawful occupant, has been asked to leave and cannot provide documentation proving their residency.
Additionally, the affidavit would affirm that no litigation is pending related to the property or the individual. The sheriff would verify the affidavit’s accuracy and remove the individual, who then could be arrested and cited for criminal trespassing.
The intent of the bill is not to criminalize homelessness, von Gillern said, but to establish a reasonable, timely process for law enforcement to remove an individual unlawfully occupying someone else’s private property.
“The removal process outlined in LB443 has been vetted to ensure that it affords timely relief for people who find themselves in a really distressing situation,” he said.
Lynn Fisher testified in support of the bill on behalf of the Statewide Property Owners Association.
Currently, Fisher said, if law enforcement does not remove an unlawful occupant, a property owner’s only option is the civil court system. That process is expensive and can take weeks, he said, which increases the risk of damage to the property.
“Most owners don’t have much or any financial cushion to absorb this expense,” Fisher said.
Douglas County Sheriff Aaron Hanson also supported the bill, saying squatting, while not widespread in Nebraska, occurs regularly in other states. LB443 would establish a “brighter line” to differentiate between standard landlord and tenant conflicts and individuals who are unlawfully trespassing, he said.
Noah Rasmussen opposed the bill on behalf of Legal Aid of Nebraska’s Housing Justice Project. Nebraska landlords are not required by law to provide written lease agreements or receipt of rental payments, he said, which could make it impossible for some lawful residents to prove that they are legally occupying a space.
“As a result, lawful tenants, especially those with verbal agreements or missing paperwork, could face wrongful arrest and misdemeanor charges simply because they lack paperwork the law does not mandate,” Rasmussen said.
Representing the Omaha nonprofit Together, Alicia Christensen also opposed the measure. Ticketing, fining, arresting or jailing people who are experiencing homelessness worsens outcomes and increases barriers to stable housing, she said, while diverting public resources away from potential solutions.
Isabella Worthing opposed LB443 on behalf of Hope of the Poor and the Society of St. Vincent de Paul Omaha. Worthing, who works with unhoused individuals in downtown Omaha, said the bill may negatively impact some of the people she serves who prefer to stay outside rather than go to a shelter due to safety concerns.
“I believe that we all want to do good and care for the least of these in our communities, but this is not the way to do that,” Worthing said. “Criminalizing homelessness will not reduce the homeless population but will only drive them further away from the resources they need to get off the street.”
The committee took no immediate action on the proposal.