Bill would let property owners seek law-enforcement removal of alleged squatters; lawmakers press for officer verification and notice

Senate Bill 207, presented at a May 4 hearing, would create a statutory process enabling property owners to request law-enforcement assistance to remove unlawful occupants when specific criteria are met and the owner signs a sworn affidavit under penalty of perjury.

Matt Churchill, staff to Chair Bjorkman, said SB 207 authorizes officers to serve occupants with a notice to vacate and deliver possession to the owner when the officer verifies the affidavit and statutory criteria. Churchill said the bill imposes liability on owners who wrongfully remove occupants and provides remedies for those improperly displaced. The bill also clarifies property offenses such as forgery and deceptive business practices, adding criminal penalties in some circumstances.

Supporters included Ava Anderson of the Alaska Realtors and other Realtors witnesses who said current civil removal processes can be slow, costly and leave owners with property damage or lost income. Anderson said the proposal "provides more efficient and practical paths for addressing these situations" and distinguishes legitimate tenant protections from unlawful occupancy.

Committee members extensively questioned whether the current version imposes duties on law enforcement that resemble civil fact-finding. Terrence Haas of the Public Defender Agency said an earlier version of the bill included investigator costs that supported a fiscal note; he said changes in the current version reduced those anticipated costs but acknowledged some new charges (forgery-related) might arise and the agency could revisit fiscal concerns if caseloads increase.

Senator Dunbar pressed how an occupant would prove a lawful interest when confronted by an officer. Churchill and Casey Schroeder, Senior Assistant Attorney General, said officers must verify that the owner's affidavit appears accurate and that details of how verification would be performed should be discussed with the Department of Public Safety. Dunbar highlighted concern that many occupants likely to be affected may lack resources to bring post-removal civil actions and suggested the notice could better inform occupants of rights and how to stake a claim to tenancy.

The bill authorizes service by hand-delivery or by posting on the dwelling, and provides a civil cause of action allowing wrongfully removed occupants to recover actual damages, capped by a provision discussed in committee as "an amount not to exceed three times the value of one month of the rent." The hearing closed with the committee setting SB 207 aside for a future meeting.

Why it matters: Proponents argue SB 207 speeds resolution for property owners facing unlawful occupancy; opponents and some committee members worry the bill could result in premature removals of occupants who actually hold legal rights if verification and notice procedures are insufficient.

Next steps: SB 207 was set aside for a future hearing; committee members requested testimony from Alaska Legal Services Corporation and Department of Public Safety before further action.