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SB 989

Real Property - Unauthorized Occupants - Sheriff's Property Registry and Removal

2025 Regular Session Introduced by Nick Charles and 1 co-sponsor

Allows sheriffs to create an Unauthorized Occupant Registry to expedite removal of unauthorized occupants from registered residential properties.

Hearing 2/25 at 1:00 p.m.
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Bill Summary · SB 989

SB 989 — Real Property: Unauthorized Occupants — Sheriff’s Property Registry and Removal

Status: Introduced Jan 29, 2025; Hearing scheduled Feb 25, 2025 (Judicial Proceedings). Effective date in bill text: Oct. 1, 2025 (if enacted).

Purpose

Authorize county sheriffs to establish an “Unauthorized Occupant Registry” for residential real property to streamline and expedite removal of persons occupying dwellings without authorization, while defining procedures, limits, and remedies for wrongful removals.

Key provisions

  • Sheriff authority: A county sheriff may create an Unauthorized Occupant Registry for residential properties in the county.
  • Enrollment: A property owner may enroll a residential property in the registry. Enrollment expires after 6 months; owners may re‑enroll after expiration.
  • Fees: Sheriffs may impose a fee for initial enrollment and for re‑enrollments that occur at least one year after the prior enrollment/re‑enrollment (as specified).
  • Notice: The sheriff must conspicuously post notice on each enrolled property describing the removal process. That posted notice creates a rebuttable presumption that an occupant (unless expressly authorized) entered unlawfully and is not authorized to occupy the property.
  • Removal eligibility: The registered owner (or authorized agent) may request immediate removal by the sheriff only if all of these apply:
    • The requester has the right to occupy the dwelling;
    • The occupant unlawfully entered and remains in the dwelling;
    • The dwelling was not open to the public when entry occurred;
    • The owner/agent directed the occupant to leave;
    • The occupant is not a current or former tenant under a lease authorized by the owner;
    • The occupant is not a current or former lawful owner listed on title;
    • The occupant is not an immediate family member of the owner/co‑owner;
    • There is no pending litigation between the occupant and the owner/co‑owner concerning the property.
  • Removal procedure: A removal request must be submitted in a prescribed form (signed under penalty of perjury). The sheriff must verify the requester’s identity and, if verified, serve a notice to vacate on each unauthorized occupant and put the registered owner in possession of the property within one week of receipt.
  • Civil remedies: An individual removed may sue the registered owner if removal was made in bad faith. A prevailing plaintiff may recover court costs, reasonable attorney’s fees, return of possession (if appropriate), and actual damages for loss or damage to personal property resulting from improper removal.

Who is affected

  • Residential property owners (may opt in to registry).
  • Individuals occupying dwellings (authorized occupants are protected; unauthorized occupants face expedited removal).
  • County sheriffs (may create and administer registries; may charge fees).
  • Local governments (potential administrative and enforcement costs).

Fiscal/local impact

  • State: No anticipated material fiscal effect.
  • Local: Counties are not required to establish registries. Sheriff offices that do so may incur administrative and enforcement costs (magnitude depends on enrollments, removal requests, and operational design). The fiscal note cites a Prince George’s County estimate of administrative costs potentially exceeding $2.0 million annually. Enrollment fees may offset some costs.

Process/timeline highlights

  • Enrollment term: 6 months (renewable).
  • Sheriff must put owner in possession and serve notice to vacate within 1 week of a verified removal request.
  • Civil suit available for bad‑faith removals.
  • Effective date in bill text: October 1, 2025 (subject to enactment).

Compiled from official sources — confirm details with the bill’s official record.

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