Summary:

 House Bill 332 (HB 332) criminalizes unlawful squatting; provides penalties; provides for a property owner to receive damages for injury to property occurring in the course of another's unlawful squatting; provides a process for removing an alleged unlawful squatter; allows an alleged unlawful squatter the opportunity to contest a citation for unlawful squatting; requires a trial to determine property rights where a purported property owner and an alleged squatter claim a right to the same real property; and provides for damages.  

Legislation Overview:

 House Bill 332 (HB 332) enacts a new section of Chapter 30, Article 14 NMSA 1978 to state that a  person who enters property of another and resides on such property for any period of time without the knowledge or consent of the property owner, rightful occupant or authorized representative of the owner is guilty of the offense of unlawful squatting. 

Any person who commits unlawful squatting is guilty of a fourth degree felony.

Section 30-14-1.1 NMSA 1978 is amended to add that a person who commits the offense of unlawful squatting and who injures, damages or destroys any part of the property will be liable to the property owner, rightful occupant or authorized representative, for damages in an amount equal to two times the amount of the appraised value of the damage of the property injured or destroyed.

A new section of Chapter 31 NMSA 1978 is enacted to read:

A person who commits or is accused of committing the offense of unlawful squatting will receive a citation. If the person is unable to provide the documentation required, they will be subject to arrest for unlawful squatting. Documentation may include a validly executed lease or rental agreement, proof of rental payments or a deed of real property in the name of the person accused of unlawfully squatting on the real property at issue. 

Nothing in this section is to be construed to prohibit a property owner, rightful occupant or authorized representative of the owner from shutting off utilities.

A new section of Chapter 42 NMSA 1978 is enacted to read: 

When a person, the person's agent or the person's attorney presents an affidavit (statement of facts) claiming the right of possession to property, and that such property is in the hands of another person who is allegedly unlawfully squatting, a law enforcement officer is to present the affidavit to the person alleged to be unlawfully squatting at least three days prior to turning that person out, unless a counter-affidavit showing legal right to the property is provided.

Assuming no counter-affidavit is provided, the law enforcement officer must turn the alleged unlawful squatter out, once three days have elapsed from the day the property-owner’s affidavit was delivered. If the person in possession of the property does submit a counter-affidavit, the law enforcement officer may not turn that person out, but instead will leave both parties in their respective positions, referring them to the office of the clerk of the district court for a nonjury trial. 

If a district court finds that the alleged squatter’s counter-affidavit does not have merit, a law enforcement officer is to turn the person out as soon as possible. 

The court may award the plaintiff the fair market value of rent for the duration of the unlawful squatter's occupancy, and other monetary relief found appropriate by the court. 

A party will have the right to appeal the decision of the court, and such a decision is to be appealable but will not be subject to independent review by the New Mexico supreme court. 
If the court finds a verdict for the plaintiff (the complainant), the clerk will issue a writ of possession (legal document giving the property owner the right to reclaim property) and award the costs of the proceeding and any other monetary relief awarded by the court. The plaintiff and the court will be authorized to present the final order to law enforcement for investigation or prosecution.





 

Current Law:

 The law currently only addresses trespassing and destruction or damage of property.