Vote Smart's Synopsis:

Vote to amend and pass a bill that amends Title 25 of the Delaware code relating to the residential landlord tenant code.

Signed by Governor John Carney, Jr.

Vote Smart's Synopsis:

Vote to amend and pass a bill that amends Title 25 of the Delaware code relating to the residential landlord tenant code.

Highlights:

• Specifies that a tenant has the right to provided legal representation if their household income over the preceding 12 months is less than 200% of the federal poverty guidelines (Sec. 1).

• Specifies that a co-signer of a rental agreement and all members of their family residing with the co-signer are included in the household income calculation if the tenant is a full-time student (Sec. 1).

• Prohibits a tenant from legal representation from a designated organization if (Sec. 1):

• The landlord has an ownership interest in 3 or less rental units and is not represented by an attorney or agent authorized by the Delaware Supreme Court; and

• A designated organization denies representation due to not complying with the application process, rules of professional conduct warrant withdrawal, or the tenant’s defense lacks merit.

• Specifies that a tenant may receive legal representation from a designated organization in a covered proceeding and as soon as applicable after any of the following (Sec.1):

• The landlord provides notice that rent is past due;

• The tenant has violated a material provision of the rental agreement;

• The rental agreement is terminated;

• The initiation of a covered proceeding;

• The tenant has been notified that their housing subsidy has been terminated; and

• The determination by a designated organization that a proceeding from the landlord-tenant relationship on behalf of the tenant should be initiated.

• Requires that, in cases involving late rent, the tenant be referred to the Delaware Housing Assistance Program and receive assistance applying for and obtaining housing assistance as part of their legal representation (Sec. 1).

• Requires that the Coordinator of the Right to Representation within Delaware Volunteer Legal Services manage contracts awarded to the Attorney General (Sec. 1).

• Requires that the Coordinator conduct outreach and education events and activities on rental rights and enter into contracts or issue grants to fulfill their duties as Coordinator (Sec. 1).

• Requires that the Attorney General contract with at least 1 designated organization to provide legal services and provide them fair and just compensation to allow appropriate supervision, caseloads, and oversight (Sec. 1).

• Requires each designated organization to submit a report each year, no later than August 31, to the Coordinator with information on services provided (Sec. 1).

• Requires that, no later than November 30 of each year, the Coordinator prepare a report for the Attorney General with information regarding (Sec. 1):

• The number of people served;

• Legal representation performed;

• Metrics on evaluating outcomes;

• Engagement and education of tenants;

• The number of tenants who have previously been represented; and

• Full accounting of expenditures.

• Require that landlords provide tenants with information on legal representation after the following events (Sec. 1):

• After a rental agreement is signed;

• After the first renewal or modification of a rental agreement;

• After any notices are provided from the landlord; and

• When a tenant receives notice of the termination of a housing subsidy.

• Requires that the Coordinator consider the following when prioritizing implementation of legal representation (Sec. 1):

• Prioritizing households with a child or pregnant woman;

• Households with income below 100% of the federal poverty guidelines;

• Targeted zip codes with high eviction rates;

• Veterans and active duty Armed Forces members; and

• Availability of funding and trained and qualified attorneys.

• Requires the Justice of the Peace Court to establish a residential diversion program to facilitate post-filing eviction dispute resolution between landlords and tenants (Sec. 2).

• Prohibits a trail until the landlord has engaged in mediation unless the tenant fails to engage in mediation within 15 days (Sec. 2).

Full Bill Text

Vote Smart's Synopsis:

Vote to amend and pass a bill that amends Title 25 of the Delaware code relating to the residential landlord tenant code.