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Harried homeowners relieved to see bill criminalizing squatting
Tim Arko stands in front of the property he formerly owned in south Dekalb County where trespassers stayed for seven months in 2023 while he pursued legal remedies to get them evicted. Arko said he lost about $100,000 in unpaid rent, attorneys fees and diminished resale value of his home, which was damaged by the squatters. It has since been sold, repaired and renovated. (Credit: Jill Jordan Sieder)
ATLANTA — A bill passed by the General Assembly last week would make squatting a misdemeanor criminal offense, punishable by up to a year in jail, a $1,000 fine, or both.
Squatters who forge fake leases could be charged with a felony. And judges can impose more fines based on the fair market value of rent that landlords lose. Unlawful squatting is entering and residing on the land or premises of another without the knowledge or consent of the owner.
The Georgia Squatter Reform Act would also speed up the legal process by which such intruders are removed from a home, which currently can take several months to two years. That’s often because such eviction cases are handled as civil matters in the state’s superior courts, many of which have been backlogged since the pandemic.
The bill would direct local law enforcement to issue citations and arrest people accused of squatting if they don’t provide a valid lease or proof of payment within three days. And it would move evictions involving squatting to magistrate courts, and require cases to be heard within seven business days after filing.
“Currently in Georgia law, we’re giving squatters tenant rights,” said Rep. Devan Seabaugh, R-Marietta, the lead sponsor of the bill, which passed unanimously in both chambers. “And my bill would take that away. It basically says, ‘You’re an intruder, you’re a criminal, and we’re going to treat you like a criminal.’ ”
Who's the trespasser here?
The bill would become law upon its expected signing by Gov. Brian Kemp, which can’t come soon enough for property owners like Tim Arko, who spent seven months last year trying to remove squatters from his DeKalb County home.
When Arko, 34, went to check on his just-vacated rental house near the East Lake Golf Club in Atlanta last year, he was surprised to find a car in the driveway, air mattresses and several people inside the house, and about a dozen pit bulls in cages in the backyard. When he identified himself as the owner and asked what they were doing there, he said a man told him, “Oh, I’m renting this, I paid my rent, it’s my house now.’ ”
“I said, ‘No, I've never met you in my life. I have no idea who you are. If you paid someone rent, you got scammed,’ ” recounted Arko, who at the time co-owned and managed several rental properties. The man flashed a gun at him, and Arko ran away through the backyard, hopped the fence, then drove home.
Things went downhill from there. Arko called 911 and told the dispatcher that people were trespassing on his property. He said the dispatcher told him since he wasn’t in immediate danger, police would check into it when they could, and to stay away from the property. Not satisfied, Arko went back, this time with a rifle. A tense standoff took place, and when DeKalb County police arrived, it was Arko who was arrested, handcuffed and taken to jail.
Arko said while sitting in the back of the police car, he heard police officers apologize to the squatters, who brandished a key to the house and insisted they’d signed a lease with Arko’s sister and paid her 12 months of rent upfront, in cash. Arko does not have a sister.
By day’s end, Arko had been told by police that it was now a civil matter, that he was barred from entering his property, and that he’d have to file an eviction to get the intruders out. That eviction process would run from February to August, and ultimately cost him over $100,000 in lost rent, legal fees and diminished resale value of his home.
After he prevailed in court and was finally able to get back into his house, Arko found holes in the walls, appliances and the air conditioning unit gone, and damaged floors that reeked of marijuana. He said he decided to cut his losses and sold it to a house flipper.
In April 2023, while Arko was still fighting the occupation of his home, two people died from an alleged overdose, according to his next door neighbor, Mackenzie Cullum, who told State Affairs she saw the deceased rolled out of the house in body bags, and “a girl on her knees, screaming and crying.”
One of the people who died was Estercardo Ivory, the 41-year-old man Arko had first encountered at his home, according to DeKalb County Police. Previously charged with a felony in Gwinnett County, Ivory had initially responded to Arko’s dispossessory complaint with this brief answer: “I paid money to live here. I'm a tenant.” It was enough to keep his legal defense alive, but Ivory never made it to court.
Cullum and her partner Catherine Lyle said they regularly witnessed people using and selling drugs on Arko’s property, which became littered with needles and drug bags, as well as beer bottles, mounds of trash, dog poop and burnt-out stoves.
During the seven months that “six familiar faces” and many strangers came and went, some openly carrying guns, Lyle said, “We both didn’t feel safe in our house, in our yard. We also didn’t feel comfortable taking a walk at night. It was a very stressful time.”
Arko said he’s now out of the property management business, and heading back to law school this fall. Learning of the new legislation to punish squatters and expedite their eviction, he said, “Anything would be an improvement. Right now, the cops just call it a civil matter and walk away. They say they can’t do anything about it because they don’t know who to believe. All the burden is placed on the homeowner, which isn’t fair.”
Squatters, squatters everywhere
Over the past year or two, metro Atlanta has become a hotbed for squatters, who are also finding their way into homes across other parts of Georgia, according to many realtors.
A fall 2023 survey of institutional investors in single-family rental homes who are members of the National Rental Home Council found there were 1,200 illegally-occupied homes in and around Atlanta. Of those, 35% were located in Fulton County, 25% in DeKalb County, and 20% in Clayton County.
The council’s CEO David Howard said Atlanta topped all markets with homes occupied by trespassers, followed by Dallas/Fort Worth with 475 and Orange County, Fla. with 125.
“Beyond the obvious property rights issues involved with trespassing, the impact of this kind of activity extends well beyond the concerns of the individual property owner,” said Howard. “There are serious public safety issues at play here: Who is in the home? What is happening in the property? What is the risk to others in the neighborhood?”
And, Howard noted, squatter activity, which can tie up rental properties for months or years, impacts “the availability of affordably-priced housing.”
“Every incident of illegal occupation means there’s one less home available for a family in need of quality, single-family rental housing,” said Howard.
Since 2020, average rent in Atlanta has increased by about $368, or 22%, according to Rent.com. And Zillow reports the median rent for a one-bedroom property in metro Atlanta is now $1,594 and a two-bedroom unit is $2,125. Across Georgia, the average rent for a one-bedroom apartment is $933 and a two-bedroom is $1,120.
“Squatting is a huge problem,” said Betsy Bradfield, advocacy director for the Georgia Association of Realtors, noting that realtors are reporting that squatters have taken over homes for sale and rent all over metro Atlanta, as well as in Albany, Gainesville and Valdosta.
“A lot of our female realtors are especially nervous, and they refuse to show houses alone right now,” said Bradfield. “Other people are starting to get worried and are carrying pepper spray with them. Of course a big problem is that realtors can’t get into some houses, because the squatters have changed the locks and won’t let them in.”
That’s the scenario Albany realtor Nyame Fields faced when she went to check on a property owned by one of her elderly clients who had hired a man she thought was a contractor to renovate it. Fields said when she arrived she found the locks had been changed, and the man, his wife and kids, and several other adults had moved in.
“He said, ‘I have a lease,’ and threatened to call the cops if I didn’t leave,” she recalled.
In the ensuing several months, Fields said, “They turned it into a trap house … Random people were constantly stopping by for a few minutes, then leaving; there were dogs and cats procreating rapidly, and a lot of people living in squalor. It was pretty harrowing for the homeowner,” who, Fields said, eventually took the man to court and “got him evicted.”
Bradfield testified in favor of House Bill 1017 before the Senate Judiciary Committee last month, telling lawmakers that some private properties invaded by squatters have been turned into venues for “human trafficking and drug cartels.”
Also testifying was Kristin Verrill, managing attorney for the Veterans Law Project at Atlanta Legal Aid, whose clients are low-income veterans, many with service-connected disabilities. She told the committee many veterans have become “victims of rental scams,” wherein they believe they’re lawfully renting from legitimate property owners, and pay large deposits and monthly rent through an online portal, only to find out later that the lease they signed was fake, and that they’re facing eviction.
Verrill told State Affairs this “secondary squatter scam” is especially problematic for low-income tenants, who may already have a prior eviction in their rental history. “Another eviction could prevent them from getting jobs or renting elsewhere,” she said.
Seabaugh said he heard from constituents about squatters invading the homes of active duty military members while they are deployed out of state, who return to Georgia to find their homes “trashed and taken over by criminals.”
Army Reserves Lt. Col. Dahlia Daure told WSB-TV that she came home from her active-duty job in Chicago last year to check on her home in Ellenwood, which she’d just renovated for $35,000 and was under contract. A squatter with a long criminal record had moved in and refused to leave, claiming he had a lease. Police offered no relief, and told her it was a civil matter.
“I was beside myself and felt violated,” said Daure. “Had I not been serving my country, I would have been in my home.”
The impending sale fell through while she plodded through the eviction process.
“I can’t ask them to leave. I can’t put them out,” she said. “The police can’t put them out. What justice is that? … I want to go shoot out the windows, turn off the water, cut wires, but I can’t. That’s a crime. Law-abiding citizens can’t do that,” said Daure.
The squatter was later ejected and arrested on drug charges.
A faster legal process, both criminal and civil
Verrill said the squatter reform bill, which includes not just criminal penalties for squatters but also a civil process for people like her clients who were duped, to give them a chance to prove they had valid reasons to believe they had a right to the property, “provides protection for scam victims and property owners and creates a clear process for law enforcement and courts to follow.”
She said the bill was amended in the House to make sure “the judge is the fact finder, not law enforcement, which is how it should be.”
Howard said the legislation is an improvement on the current legal options available to address trespassing and “provides a more efficient and streamlined path for property owners to regain control of their homes. The bill includes a number of common sense provisions for determining who has a legal right to occupy the property.”
Besides creating the new criminal offense of squatting, the legislation removes the right for a jury trial for those accused of squatting, and moves the eviction portion of squatter cases to magistrate courts. Cobb County Chief Magistrate Judge Brendan Murphy, who co-chairs the legislative committee of the Georgia Council of Magistrate Court Judges, said those two elements of the bill will significantly speed up the process over current law.
An emerging national challenge
Georgia may be plagued by squatters, but so are many other states.
This week in New York, a group of eight migrants found squatting in a Bronx apartment were arrested on drug and weapons charges, five months after the homeowner initiated eviction proceedings against them. Meanwhile, in Queens, a pair of alleged squatters are suing a property owner over their right to stay in a $1 million home. The homeowner was arrested for changing the locks.
New York legislators filed a bill last week to define squatting as criminal trespassing and to penalize it more harshly.
Last week, Florida Gov. Ron DeSantis signed House Bill 621, which gives homeowners immediate legal remedies against squatting and creates new criminal penalties on squatters.
“We are putting an end to the squatters scam in Florida,” DeSantis said in an announcement. “While other states are siding with the squatters, we are protecting property owners and punishing criminals looking to game the system.”
A bill introduced in South Carolina last week would also expedite the removal of squatters and provide stiffer criminal penalties.
The squatting issue has worked its way up to White House Press Secretary Karine Jean-Pierre, who on Monday was asked how worried Americans should be about squatters during a press briefing.
"This is obviously a local issue,” she replied. “The rights of property owners and renters must be protected. And we believe that ultimately, local governments must take action to address it. … Everybody wants the same thing. They want to feel safe in their communities.”
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Global bird flu disrupts Georgia exports, costing chicken producers millions
ATLANTA — A global bird flu that has rapidly spread from birds to dairy cows, milk supplies and humans has cost untold millions of dollars in lost export business in Georgia, the nation’s leading poultry producer, officials with the state Department of Agriculture and poultry industry said.
Georgia has had only three reported cases of H5N1 avian influenza since it reemerged in 2022. The last of those cases was resolved in November 2023 but ramifications of those outbreaks continue to have a big effect on the state’s ability to export chicken and chicken parts, such as chicken feet, to different countries, including China, one of Georgia’s biggest export markets for chicken feet.
In 2022, frozen chicken feet, for example, accounted for more than 85% of all U.S. poultry exported to China, according to Farm Progress, publisher of 22 farming and ranching magazines.
The $30 billion poultry industry is Georgia’s largest segment in its No. 1 industry — agriculture.
China has also placed a ban on the import of chicken products from 41 other American states. The ban on Georgia products went into effect Nov. 21, 2023. Efforts to reach the Chinese Embassy in Washington, D.C. were unsuccessful.
Georgia Poultry Federation President Mike Giles estimates the state’s loss at “well into the millions of dollars.”
“It’s a significant amount in a significant export market for us,” he said. “Poultry paws [feet] immediately lose value because of the loss of demand.”
The ban has forced Georgia poultry producers to find alternative markets for their products that would normally be headed to China.
“Some are sold domestically, some are frozen and stored, hopefully to find markets later on, and some go to other countries,” Giles said.
This isn’t the first time China has banned U.S.-produced poultry products due to a bird flu outbreak. The country instituted a ban in January 2015 which lasted until November 2019 — even though U.S. poultry products were deemed free of the disease by August 2017.
After that ban was lifted, China’s appetite for American-produced chicken products became voracious.
In 2022, U.S. producers shipped nearly $6 billion in poultry meat and related products (excluding eggs) to over 130 countries. China has emerged as the second largest destination for U.S. poultry exports, increasing from $10 million in 2019 to a record $1.1 billion in 2022, according to Southern Ag Today.
Chicken paws, for instance, are eaten in many Asian countries, including the Philippines, Thailand, Indonesia and Korea.They can also be found on Chinese dim sum menus throughout the U.S. and are also popular in Jamaica, Trinidad, Russia and Ukraine in everything from soups and curries to fried snacks.
Three Georgia counties have reported H5N1 outbreaks since 2022. The most recent case was late last year. Henry, Sumter and Toombs counties each reported one case of H5N1 bird flu. Those outbreaks are resolved, poultry and state agriculture officials say.
“When HPAI cases are found in any state, that state is given a designation that could lead to foreign countries halting trade on poultry products from that state,” Georgia Department of Agriculture spokesman Matthew Agvent told State Affairs.
Not since 2016 has the United States experienced such a fast-moving case of the H5N1 avian influenza. In the last two months, the virus has spread in parts of the United States from birds to dairy cows, some milk supplies and humans. Two people — a Texas dairy worker and a prison inmate in Colorado who was killing infected birds at a poultry farm — are reported to have caught the virus, according to news reports. The outbreak is the largest in recent history, impacting both domestic poultry and livestock as well as wild birds and some mammal species.
State officials are continuing to monitor the national outbreak and its impact on Georgia.
Georgia’s poultry & egg industry: At A Glance
Annual economic impact: $30.2 billion
Percentage of the Agriculture industry: 58% *
Jobs: 87,900
Counties involved in poultry & egg production: 3 out of 4
National ranking in chicken broiler production: No. 1
Daily production of table eggs: 7.8 million
Daily production of hatching eggs: 6.5 million
Pounds of chicken produced daily: 30.2 million
Pounds of chicken produced annually: 8 billion
Number of chicken broilers processed each day: 5 million
Counties involved in poultry & egg production: 3 out of 4
Source: Georgia Poultry Federation; The Center for Agribusiness & Economic Development, University of Georgia, Ag Snapshots 2024; Georgia Poultry Federation.
Have questions? Contact Tammy Joyner on X @lvjoyner or at [email protected].
Is it safe to eat chicken and eggs and drink milk? Answers to your most pressing questions about the latest bird flu outbreak
A two-year-old strain of bird flu has heightened concerns in Georgia and the rest of the country after the virus recently spread to dairy cows. Here’s what you need to know about the virus and its impact on Georgia and the rest of the country. What are the symptoms of this flu in humans? Eye …
Kemp signs bills on education, health care, taxes
Gov. Brian Kemp signed a slew of bills over the past week or so, including the private school voucher bill long sought by Republicans and a bill that will ease regulations over the construction and expansion of medical facilities in rural areas.
His bill-signing events were clustered into themes: education, health care, military members, human trafficking and Georgia’s coastal communities.
Education
Among the education-related bills Kemp signed was Senate Bill 233, also known as the Georgia Promise Scholarship Act, which provides the families of Georgia students enrolled in underperforming school districts with $6,500 scholarships that can be used toward private school or homeschooling expenses, including tuition, fees, textbooks and tutoring.
“Georgia is affording greater choice to families as to how and where they receive their education, while also continuing our efforts to strengthen public schools, support teachers, and secure our classrooms,” Kemp said, and thanked leadership in the House and Senate for prioritizing passage of the bill, which had failed in a close vote in 2023.
Democrats and many public education advocates who opposed the bill argued it will drain resources from public schools and primarily benefit students from wealthy families.
Kemp also signed Senate Bill 351, sponsored by nine Republican senators, which will require social media companies, as of July 1, 2025, to verify their users are at least 16 years old unless they receive approval from a parent.
House Bill 409, sponsored by Rep. Lauren Daniel, R-Locust Grove, directs school systems to consider not having bus stops where a student would have to cross a roadway with a speed limit of 40 mph or greater. The bill also increases the penalty for passing a stopped school bus to $1,000 from $250.
Kemp noted that Ashley Pierce, the mother of Addy Pierce, an 8-year-old who was fatally struck by a motorist as she boarded her school bus, “passionately advocated for and was instrumental in the passage of this legislation.”
Senate Bill 395, sponsored by Sen. Clint Dixon, R-Gwinnett, states that no school visitor or personnel can be prohibited from possessing an opioid reversal drug such as Narcan and directs schools to maintain a supply. It also allows opioid antagonists to be sold in vending machines and directs certain government buildings to maintain a supply of at least three doses.
Senate Bill 464, also sponsored by Dixon, creates the School Supplies for Teachers Program to financially and technically support teachers purchasing school supplies online. It also creates an executive committee of five voting members within the Georgia Council on Literacy and limits the number of approved literacy screeners to five, one of whom must be available to schools for free.
Health care
The governor chose his hometown of Athens as the venue to sign several bills aimed at improving health care in rural and underserved communities.
Among them was House Bill 1339, sponsored by Rep. Butch Parrish, R-Swainsboro, which revises the Certificate of Need process by which the state determines if and how new medical facilities can be built or expanded. The bill provides for several new exemptions, including psychiatric or substance abuse inpatient programs, basic perinatal services in rural counties, birthing centers and new general acute hospitals in rural counties. It also raises the total limit on tax credits for donations to rural hospital organizations to $100 million from $75 million.
Senate Bill 480, sponsored by Sen. Mike Hodges, R-Brunswick, establishes student loan repayments for mental health and substance use professionals serving underserved youth in the state or in unserved geographic areas disproportionately impacted by social determinants of health.
House Bill 872, sponsored by Rep. Lee Hawkins, R-Gainesville, chair of the House Health and Human Services Committee, expands cancelable loans for certain health care professionals to dental students who agree to practice in rural areas.
Senate Bill 293, sponsored by Sen. Ben Watson, R-Savannah, chair of the Senate Health and Human Services Committee, reorganizes county boards of public health and opens the qualifications for the CEO of each county board of health to include either licensed physicians or people with a master’s degree in public health or a related field.
Military members and veterans
Kemp on Wednesday focused on bills to improve military recruitment and provide more work opportunities for veterans and military family members.
House Bill 880, sponsored by Rep. Bethany Ballard, R-Warner Robins, allows spouses of military service members to work under a license they hold in good standing in another state while under the supervision of an existing Georgia medical facility or provider.
Senate Bill 449, sponsored by Sen. Larry Walker, allows military medical personnel to practice for 12 months while a license application is pending, including working as a certified nursing aide, certified emergency medical technician, paramedic or licensed practical nurse. The bill also creates a new advanced practice registered nurse license and makes it a misdemeanor to practice advanced nursing without a license.
Human trafficking
The governor on Wednesday was accompanied by first lady Marty Kemp and other members of the GRACE Commission for the signing of an anti-human trafficking package. It includes Senate Bill 370, which adds certain businesses to the list of organizations that must post human trafficking notices, including convenience stores, body art studios, businesses that employ licensed massage therapists and manufacturing facilities.
Sponsored by Sen. Mike Hodges, R-Brunswick, the bill also allows the Georgia Board of Massage Therapy to initiate inspections of massage therapy businesses and educational programs without notice and requires massage therapy board members to complete yearly human trafficking awareness training.
House Bill 993, sponsored by Rep. Alan Powell, R-Hartwell, creates the felony offense of grooming of a minor and creates new penalties for offenses relating to visual mediums depicting minors engaged in sexually explicit conduct.
House Bill 1201, sponsored by Rep. Houston Gaines, R-Athens, allows human trafficking survivors who received first offender or conditional discharge status to vacate that status for certain crimes, as long as the crime was a direct result of being a victim of human trafficking.
Coastal communities
Earlier today in Brunswick, Kemp signed legislation impacting Georgia coastal communities, including House Bill 244, which amends the laws around how wild game can be hunted and how seafood dealers operate, and House Bill 1341, which designates white shrimp as the state’s official crustacean.
Taxes
Earlier this month Kemp signed several bills related to taxation, including House Bill 1015, sponsored by Rep. Lauren McDonald, R-Cumming, which lowers the state income tax for tax year 2024 to 5.39%, accelerating a multiyear drop in state income taxes that started at 5.75% in 2023 and will continue through 2029.
The Governor’s Office of Planning and Budget estimates the tax cut acceleration will save Georgia taxpayers approximately $1.1 billion in calendar year 2024 and about $3 billion over the next 10 years.
Kemp also signed House Bill 1021, sponsored by Rep. Lauren Daniel, R-Locust Grove, which increases the state’s income tax dependent exemption to $4,000 from $3,000.
House Bill 581, sponsored by Reps. Shaw Blackmon, R-Bonaire, and Clint Crowe, R-Jackson, enables a constitutional amendment (House Resolution 1022) to let voters decide whether counties can provide a statewide homestead valuation freeze, which limits the increase in property values to the inflation rate.
The governor has until May 7 to sign or veto bills passed during the legislative session that ended on March 28. Those he takes no action on will automatically become law.
Legislation signed by Kemp is posted on the governor’s website.
Read these related stories:
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Incumbent candidates for local, federal races likely to be no-shows at this weekend’s primary debates
ATLANTA — One of Georgia’s prominent media organizations is pleading with incumbent state and congressional candidates to participate in its primary election debates slated for Sunday.
For the first time in The Atlanta Press Club’s 30-year debate history, incumbents facing challengers in the May 21 primary have either declined or not yet committed to participating in the organization’s well-known debate series. The possible no-shows include candidates in four Congressional races as well as the Georgia Supreme Court, and the Fulton County District Attorney races.
“This is the first time that we’ve had so many [incumbents] not participate,” debate organizer Lauri Strauss told State Affairs. Strauss declined to speculate why candidates aren’t participating.
Hoping to encourage more participation, the organization issued the following statement:
“The Atlanta Press Club believes it is the responsibility of people running for public office to answer questions from their local media that will help inform voters before they cast their ballots. If a candidate is running for public office, the candidate should be willing to participate in the democratic process, which includes attending debates and fielding questions from journalists and opponents.”
Candidates have until Friday to RSVP.
Strauss said candidates who fail to appear will be represented on stage by an empty podium during the debate.
District Attorney Fani Willis has declined to participate and Democratic U.S. Reps. Lucy McBath and David Scott have yet to RSVP. Strauss said the organization is still in talks with Georgia Supreme Court Justice Andrew Pinson’s staff about his appearance in the debate.
Willis, declined earlier this week to participate, citing constraints around talking about sensitive cases like the criminal prosecution of former President Donald Trump.
McBath currently represents the 7th Congressional District and is now running in the newly drawn 6th Congressional District against two Democratic challengers, Jerica Richardson and Mandisha Thomas. McBath declined to participate in the press club’s general election debate in 2022, forcing her Republican challenger Mark Gonsalves to debate with an empty podium. McBath won with 61% of the vote.
The debates will air live on April 28 on GPB.org, on The Atlanta Press Club’s Facebook page (www.fb.com/TheAtlantaPressClub). It will be rebroadcast in early May on WABE.org.
| Race | Tape and Livestream Sun. April 28 |
GPB-TV Broadcast | WABE Broadcast |
| Congressional District 6 Democrats | 10:00 a.m. | April 29 at 7:00 p.m. | May 1 at 4:30 p.m. |
| Congressional District 13 Democrats | 11:15 a.m. | April 28 at 4:00 p.m. | May 1 at 5 p.m. |
| Congressional District 3 Republicans | 1:00 p.m. | April 28 at 5:00 p.m. | May 2 at 3:30 p.m. |
| Congressional District 2 Republicans | 3:00 p.m. | April 29 at 5:00 p.m. | |
| Georgia Supreme Court | 4:45 p.m. | May 2 at 4:30 p.m. | |
| DeKalb County CEO | 5:45 p.m. | May 2 at 5:15 p.m. | |
| Fulton County District Attorney | 6:45 p.m. | May 1 at 4 p.m. |
Have questions or comments? Contact Jill Jordan Sieder on X @journalistajill or at [email protected] and Tammy Joyner on X @lvjoyner or at [email protected].
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