HB 1200 — "Real Property Owners Protection Act"; create.

B.

No.

1200 *HR31/R1425CS.1* ~ OFFICIAL ~ 25/HR31/R1425CS.1 PAGE 9(GT\JAB) or when the occupant is performing agricultural labor for the owner and the premises are rented for less than fair rental value.

(a)H. "Building and housing codes" means any law, ordinance, or governmental regulation concerning fitness for habitation, construction, maintenance, operation, occupancy or use of any premises or dwelling unit.

B.

No.

1200 *HR31/R1425SG* ~ OFFICIAL ~ 25/HR31/R1425SG PAGE 9(GT\JAB) (a) "Building and housing codes" means any law, ordinance, or governmental regulation concerning fitness for habitation, construction, maintenance, operation, occupancy or use of any premises or dwelling unit.

H.(g) "Organization" means a corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership or association, two (2) or more persons having a joint or common interest, and any other legal or commercial entity.

(h) "Owner" means one or more persons, jointly or severally, in whom is vested (i) all or part of the legal title to property or (ii) all or part of the beneficial ownership and a H.

1200 *HR31/R1425CS.1**HR31/R1425SG* ~ OFFICIAL ~ 25/HR31/R1425CS.125/HR31/R1425SG PAGE 10(GT\JAB) (g)right "Organization"to meanspresent ause corporation,and government,enjoyment governmentalof subdivisionthe orpremises, agency,and businessthe trust,term estate,includes trust, partnership or association, two (2) or more persons having a jointmortgagee orin commonpossession. interest, and any other legal or commercial entity.

(h) "Owner" means one or more persons, jointly or severally, in whom is vested (i) all or part of the legal title to property or (ii) all or part of the beneficial ownership and a right to present use and enjoyment of the premises, and the term includes a mortgagee in possession.

(m) "Tenant" means a person entitled under a rental agreement to occupy a dwelling unit to the exclusion of others, H.and shall not include any person who trespasses or otherwise enters and/or remains on the property of another for any length of time without the landlord's knowledge or permission.

(n) "Qualified tenant management organizations" means any organization incorporated under the Mississippi Nonprofit Corporation Act, a majority of the directors of which are tenants of the housing project to be managed under a contract authorized H.

1200 *HR31/R1425CS.1**HR31/R1425SG* ~ OFFICIAL ~ 25/HR31/R1425CS.125/HR31/R1425SG PAGE 11(GT\JAB) andby shallthis notsection includeand anywhich personis whoable trespassesto orconform otherwiseto entersstandards and/orset remainsby on the propertyUnited States Department of anotherHousing forand anyUrban lengthDevelopment as capable of timesatisfactorily withoutperforming the landlord'soperational knowledgeand ormanagement permission.functions delegated to it by the contract.

(n) "Qualified tenant management organizations" means any organization incorporated under the Mississippi Nonprofit Corporation Act, a majority of the directors of which are tenants of the housing project to be managed under a contract authorized by this section and which is able to conform to standards set by the United States Department of Housing and Urban Development as capable of satisfactorily performing the operational and management functions delegated to it by the contract.

H.(2) The right to manage, control or receive payments for any use of real property shall only belong to the owner of the property or a person designated by the owner for such purposes.

SECTION 6.

(1) Any person who, with the intent to detain or remain upon real property, knowingly and willfully presents to another person a false document purporting to be a valid lease agreement, deed, or other instrument conveying, granting or H.

1200 *HR31/R1425CS.1**HR31/R1425SG* ~ OFFICIAL ~ 25/HR31/R1425CS.125/HR31/R1425SG PAGE 12(GT\JAB) (2)authorizing Theuse, right to manage, control or receivemanagement paymentsof forreal anyproperty useshall be guilty of reala propertyfelony, shalland onlyupon belongconviction, toimprisoned in the ownercustody of the propertyDepartment orof aCorrections personfor designatedno byless thethan ownertwo for(2) suchyears, purposes.nor more than five (5) years, and fined as follows:

SECTION 6.

(1) Any person who, with the intent to detain or remain upon real property, knowingly and willfully presents to another person a false document purporting to be a valid lease agreement, deed, or other instrument conveying, granting or authorizing use, control or management of real property shall be guilty of a felony, and upon conviction, imprisoned in the custody of the Department of Corrections for no less than two (2) years, nor more than five (5) years, and fined as follows:

H.(a) An amount equal to the value lost to the owner for any rental, mortgage or lease fees the owner could have charged during the entire time that the offender unlawfully received monies for the property;

and (b) An amount equal to the cost of all repairs made as a result of the damages caused.

(3) Any person, except an heir to the property, who lists or otherwise advertises real property for sale knowing that the H.

1200 *HR31/R1425CS.1**HR31/R1425SG* ~ OFFICIAL ~ 25/HR31/R1425CS.125/HR31/R1425SG PAGE 13(GT\JAB) (a)purported Anseller amounthas equalno legal title or authority to sell the valueproperty, lostor torents or leases the ownerproperty forto anyanother rental,person mortgageknowing that he or leaseshe feeshas no lawful ownership in the ownerproperty couldor haveleasehold chargedinterest duringin the entireproperty, timeshall thatbe guilty of a felony, and upon conviction, imprisoned in the offendercustody unlawfullyof receivedthe moniesDepartment of Corrections for theno property;less than two (2) years, nor more than five (5) years, and fined as follows:

and (b) An amount equal to the cost of all repairs made as a result of the damages caused.

(3) Any person, except an heir to the property, who lists or otherwise advertises real property for sale knowing that the purported seller has no legal title or authority to sell the property, or rents or leases the property to another person knowing that he or she has no lawful ownership in the property or leasehold interest in the property, shall be guilty of a felony, and upon conviction, imprisoned in the custody of the Department of Corrections for no less than two (2) years, nor more than five (5) years, and fined as follows:

(a) "Perpetrator" means a person who has engaged in criminal trespass and includes a person convicted of trespass under applicable state law;

(b) "Victim" means a person who was the object of another's criminal trespass and includes a person at the scene of an emergency who gives reasonable assistance to another person who is exposed to or has suffered grave physical harm;

(c) "Course of criminal conduct" includes the acts or omissions of a victim in resisting criminal conduct;

1200 *HR31/R1425CS.1**HR31/R1425SG* ~ OFFICIAL ~ 25/HR31/R1425CS.125/HR31/R1425SG PAGE 14(GT\JAB) (a)(d) "Perpetrator""Convicted" meansincludes a personfinding whoof hasguilt, engagedwhether inor criminalnot trespassthe andadjudication includesof guilt is stayed or executed, an unwithdrawn judicial admission of guilt or guilty plea, a personno convictedcontest plea, a judgment of trespassconviction, underan applicableadjudication stateas law;a delinquent child, an admission to a juvenile delinquency petition, or a disposition as an extended jurisdiction juvenile;

(b) "Victim" means a person who was the object of another's criminal trespass and includes a person at the scene of an emergency who gives reasonable assistance to another person who is exposed to or has suffered grave physical harm;

(c) "Course of criminal conduct" includes the acts or omissions of a victim in resisting criminal conduct;

(d) "Convicted" includes a finding of guilt, whether or not the adjudication of guilt is stayed or executed, an unwithdrawn judicial admission of guilt or guilty plea, a no contest plea, a judgment of conviction, an adjudication as a delinquent child, an admission to a juvenile delinquency petition, or a disposition as an extended jurisdiction juvenile;

(2) A perpetrator assumes the risk of loss, injury or death resulting from or arising out of a course of criminal trespass or squatting, as defined in this section, engaged in by the perpetrator or an accomplice, and the crime victim is immune from H.and not liable for any civil damages as a result of acts or omissions of the victim.

(3) Notwithstanding other evidence which the victim may adduce relating to the perpetrator's conviction of the crime involving the parties to the civil action, a certified copy of a guilty plea, a court judgment of guilt, a court record of conviction, a writ of removal for squatter, or determination that the perpetrator was a squatter, court order adjudging the person H.

1200 *HR31/R1425CS.1**HR31/R1425SG* ~ OFFICIAL ~ 25/HR31/R1425CS.125/HR31/R1425SG PAGE 15(GT\JAB) andas nota liablesquatter foror anyan civiladjudication damages as a resultdelinquent child is conclusive proof of actsthe orperpetrator's omissionsassumption of the victim.risk.

(3) Notwithstanding other evidence which the victim may adduce relating to the perpetrator's conviction of the crime involving the parties to the civil action, a certified copy of a guilty plea, a court judgment of guilt, a court record of conviction, a writ of removal for squatter, or determination that the perpetrator was a squatter, court order adjudging the person as a squatter or an adjudication as a delinquent child is conclusive proof of the perpetrator's assumption of the risk.

1200 *HR31/R1425CS.1**HR31/R1425SG* ~ OFFICIAL ~ 25/HR31/R1425CS.125/HR31/R1425SG ST: