Burrillville officials look to help with creation of state law to address squatters

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BURRILLVILLE – Town Manager Michael Wood said he wants laws to strengthen the rights of local property owners against illegal squatters, and has led a local initiative to bring potential legislation to the Rhode Island General Assembly following authorization from the Burrillville Town Council.

Wood recently met with all of Burrillville’s legislators to discuss ideas for the legislation, crafted with help from Police Chief Col. Stephen Lynch.

“This is only going to get worse as the housing situation grows and grows, and people don’t have places to live,” Wood told councilors at a meeting last month. “They’re already starting to move out here, and I think if we could get on top of it before it becomes a problem, that’s what I would suggest we do.”

Wood said the idea for the legislation follows news reports from across the country documenting the problem. Homeowners, he noted, have gone on vacation and come home to find someone living in their house, with no way to get the unwanted guests out.

The issue of squatters gained attention nationally in recent years with reports of trespassers who refuse to leave private property – and law enforcement that lacks the authority to take action. In many states, it seems, there either is no law against squatting, or no clear legal path to have trespassers removed.

In Rhode Island, homeowners could be forced to file a legal claim for adverse possession in a process that can often be long and costly.

Recent efforts have aimed to change that, with legislation submitted by Rep. Jacqueline Baginski of Cranston that would add squatters to a state law that makes trespassing punishable by a fine or imprisonment. The bill would differentiate a squatter from an unwanted tenant who has rights to eviction proceedings, with the punishment for squatting not to exceed $1,000 or one year in prison.

Critics of the idea, however, say it marks a cruel way to address this state’s homelessness crisis. ACLU Rhode Island strongly opposes the legislation, noting it would criminalize unhoused Rhode Islanders.

Others have questioned the severity of the problem. Scant data exists regarding incidents of squatting both in and out of state, due to varying reporting and handling procedures.

But in Burrillville, there have been incidents on town property, according to Town Council President Don Fox.

“We had issues already with people squatting in municipal areas,” said Fox at the meeting. “Our hands were tied a little bit in terms of how the current law reads. I think it would be prudent to look at this at the same time.”

Wood said town property could be added to efforts to address the issue. Proposed state legislation crafted with help from Lynch would authorize property owners to request assistance from local or state police for immediate removal of an unauthorized occupant, including arrest.

In discussion with local legislators, Wood said talks have focused on making minor modifications to H-5919 that would add authority for local police.

The town manager said that Burrillville may craft something locally for dealing with individuals found to be squatting illegally with help from the Ordinance Subcommittee if a bill can’t be passed soon on the state level.

“It may not be effective as the state law,” Wood said.

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2 COMMENTS

  1. What do you think someone should do if they came back from a vacation to find someone squatting in their house, let them stay?

  2. Let me play a bit of a devil’s advocate: so, where are the homeless supposed to live on this planet?
    AS RENTS RISE and families and others cannot afford the rents and are evicted, where should they live?

    We need to build more affordable housing in RI AND not oppose it based on nimby-ism.

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