This Act strengthens requirements relating to reserve studies to ensure common interest communities have adequate reserves to provide for reliable and timely repairs and replacement projects. Reserve studies are budget planning tools to be used by common interest communities to identify components in a community for which the association is responsible for repair and replacement, the useful and remaining life of those components, the estimated cost of repair and replacement, the current status of money available to complete those repairs and replacements, and establishes a funding plan to offset the anticipated costs without reliance on special assessments. The goal of this is to ensure maintenance and repair is done in a timely manner to prevent loss of property value and, in the most severe cases, loss of life. Guidelines for the preparation of reserve studies are established by the Community Associations Institute. This Act updates the timeframe from which projected expenses must be calculated, requires façade and structural inspections to be conducted on certain buildings, and those inspections and the maintenance needs identified in those inspection reports, to be incorporated into the reserve study, and for reserve studies to be conducted more often in certain circumstances. This Act requires small condominiums and cooperatives under § 81-117, preexisting common interest communities and approved common interest communities under § 81-119, and small preexisting cooperatives under § 81-120 to comply with the inspection and reserve study requirements. This Act also gives the Consumer Protection Unit of the Department of Justice the ability to enforce violations of the Delaware Uniform Common Interest Ownership Act. Under current law, enforcement requires private enforcement through lawsuits or alternative dispute resolution. This Act takes effect 1 year after its enactment into law. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Act is based on recommendations provided by the New Castle County Council Common Interest Community Task Force, which was motivated by the tragedy of the Champlain Tower South condominium collapse in Surfside, Florida, in which 98 people died.
Because Delaware lacks an adequate amount of emergency shelter beds, housing support services, and affordable housing units, only 952 out of 7,131 households that contacted the Housing Alliance Delaware’s homelessness hotline in 2024 were referred to housing assistance. Without adequate shelter available, thousands of individuals experiencing homelessness are forced to seek shelter on the streets, parks, parking lots, and sidewalks, which puts them in constant conflict with local residents, businesses, and the police. Instead of providing adequate housing, local governments are using emergency services, hospital services, and the criminal justice system to remove unhoused individuals from public spaces, exacerbating the barriers unhoused individuals face to achieve stable housing and wasting taxpayer money. This Act seeks to incentivize localities to coordinate or create adequate emergency housing, permanent housing, and wrap-around services for individuals experiencing homelessness, which will ease the financial burden placed on emergency services, hospitals, and the criminal justice system, while providing unhoused individuals stability and dignity. To that end, this Act does the following: 1. Permits an individual experiencing homelessness to conduct life sustaining activities in public, so long as such activities do not obstruct the normal movement of pedestrian or vehicular traffic in such a manner that creates a hazard to others, unless adequate alternative indoor space is available to the individual in a given jurisdiction and has been offered to the individual, including transportation for the individual and their belongings. 2. Mandates that an individual experiencing homelessness receive the same degree of protection for personal property stored in public places as personal property stored in a private dwelling, which includes protections against unreasonable search and seizure. 3. Prohibits the State or local jurisdiction from requiring an individual experiencing homelessness to move a motor vehicle or a recreational vehicle provided that the vehicle is parked on public property and the vehicle is not parked in a position to obstruct the normal movement of traffic or create a hazard to other traffic upon the highway. 4. Provides that, if a motor vehicle or recreational vehicle must be moved because the vehicle is obstructing normal movement of traffic or creates a hazard to other traffic on the roadway, the individual experiencing homelessness must be permitted to relocate the vehicle before a parking ticket is issued or the vehicle is towed. This Act does not prohibit State and local governments from making and enforcing reasonable time restrictions on public spaces (including public parks and parking lots) so long as those time restrictions apply to everyone and are not disproportionately enforced against individuals experiencing homelessness. The Attorney General may commence a civil action against any State or local government, government agency, or government official that violates this Act and this Act also contains a private right of action. No monetary or punitive damages may be awarded under this Act. This Act specifically waives sovereign immunity. This Act is named in honor of Dr. DeBorah Gilbert White.
This Act clarifies that Delaware’s Fair Housing Act (Chapter 46 of Title 6) prohibits housing practices that have a discriminatory effect, commonly known as “disparate impact,” even in the absence of discriminatory intent. The Act codifies a burden-shifting framework consistent with federal fair housing jurisprudence and regulations and with laws adopted in other states, including California and Massachusetts. Under this framework: 1. A complainant must show that a housing policy or practice causes or predictably will cause a discriminatory effect on a protected class. 2. A respondent may defend the practice by demonstrating that it is necessary to achieve a substantial, legitimate, nondiscriminatory interest. 3. A complainant may still prevail by showing that the interest could be served by a less discriminatory alternative. The Act applies to rental policies, sales practices, lending and appraisal practices, occupancy standards, criminal history screening, and zoning or land use decisions to the extent permitted by law. It clarifies that statistical evidence may be used to establish disparate impact and that proof of discriminatory intent is not required. The Act aligns enforcement with existing remedies and procedures under Chapter 46 of Title 6 and preserves the authority of the Division of Human and Civil Rights under Title 31. It does not require quotas, does not invalidate lawful occupancy limits, and does not impose liability where a practice is required by federal law. This Act is intended to be interpreted consistently with, but not limited by, the federal Fair Housing Act and provides equal or greater protection under Delaware law.
This Act creates a first-time home buyers' savings plan, called the Homeownership Using Savings and Earnings Plan (the HOUSE Plan), to ignite future homeownership in Delaware by helping residents save for their first home. The HOUSE Plan offers a practical solution that encourages financial responsibility and long-term planning by allowing individuals to save and use funds for eligible costs associated with purchasing a home, such as down payments and closing costs, and costs associated with acquiring a rental lease for a primary residence, such as security deposits and payment of the first month of rent. Earnings on amounts held in in a HOUSE Plan account accrue free from Delaware income taxation. This Act sets how much account holders may contribute, both annually and over the lifetime of an account, and specifies annual income caps for eligibility to open an account. Funds must be used within 20 years after the account is opened. This Act also establishes the HOUSE Plan Board to oversee the design, implementation, and preliminary administration of the Plan. This Act makes homeownership more attainable, builds generational wealth, and strengthens communities, without direct state spending.
This Act provides that a landlord may not require a tenant to use a particular renters insurance company as long as the tenant maintains renters insurance according to the terms of the rental agreement.
This Act requires that when all or part of the tenant’s rent is paid from a state fund for reentry services, a landlord must assist the tenant in completing a discharge plan to attempt to provide a warm handoff before terminating the tenant’s lease. This Act also closes a loophole in existing law that allows unlicensed or uncertified operators of residential housing to claim exemption from the Residential Landlord-Tenant Code, including the procedural requirements for an eviction. Existing laws prohibit someone from losing their housing without notice because • A landlord must comply with the notice and judicial procedure under the Residential Landlord-Tenant Code, Part III, Title 25. • Licensed health care providers must provide discharge planning before an individual is required to leave a residential treatment program under § 1127, § 5161, and § 3004J of Title 16. • Certified recovery homes must make a reasonable effort to connect a resident with appropriate services when terminating the resident’s admission agreement under § 2206A of Title 16. Section 1 of this Act closes a loophole in current law that allows some landlords to claim their tenants are excluded under § 5102(1) of Title 25 from the protections required before eviction under the Residential Landlord-Tenant Code without being required to provide discharge planning or connecting the resident with appropriate services. This Act revises 3 of the exclusions by using the modern terms and where possible, the applicable licensing law for this State, to prevent housing providers from claiming exclusion from the Residential Landlord-Tenant Code even if the provider is not licensed or certified to provide services. This Act does not apply to or revise the exclusions to the Residential Landlord-Tenant Code under paragraphs (4) through (6) of § 5102 of Title 25, including the existing exclusion for certified recovery houses. Section 2 of this Act creates new requirements under § 5512A of Title 25 if all or part of a tenant’s rent is paid using money from a State reentry fund. Before or with the first payment, the person responsible for payments from the fund must provide the landlord with an explanation of these requirements, contact information, and the model discharge plan. The Department of Health and Social Services (DHSS), in consultation with the Department of Justice (DOJ), must create a model discharge plan. Then, before terminating the tenant’s lease, the landlord must assist the individual in creating a discharge plan that includes shelter or housing and provide notice that the tenant’s lease is being terminated as follows: • To the person making rent payments from the fund. • If the landlord knows that the tenant is under the supervision of the Department of Correction, to the Department of Correction and the local law enforcement agency. If a landlord fails to comply with the discharge planning and notice requirements, the landlord is debarred from receiving payments from any State reentry fund for 1 year. If the landlord is receiving payments from a State reentry fund for any other tenants, those tenants are not responsible for the share of the rent that was paid by the fund and have the option to do any of the following: • Continue the tenancy without payments from the fund. If the tenant chooses to continue their tenancy, the amount of their rent becomes the tenant’s share of the rent, calculated by subtracting the amount paid by the fund from the total rent under the rental agreement. • Terminate the lease immediately. • Terminate the lease with 30 to 60 days notice. These requirements are enforceable by the Department of Justice and also by the Justice of the Peace Court, because the contents of an eviction complaint must include a brief statement of compliance with the requirements under § 5512A(c) and copies of all required notices. Section 3 of this Act is a technical clarification to clarify that “this Code” and “Landlord-Tenant Code” both refer to the Residential Landlord-Tenant Code under Part III of this title. Both “this Code” and “Landlord-Tenant Code” are used throughout Chapter 51 through Chapter 59 of Title 25 as abbreviations of the Residential Landlord-Tenant Code and under § 101 of Title 1, “this Code” could also refer to the entire Delaware Code. Section 4 of this Act makes the new requirements for reentry funds under § 5512A of Title 25 applicable to the rental of single rooms in owner-occupied buildings under § 5512 of Title 25. Section 4 also reorganizes the existing language in § 5512 because as 1 sentence, the current language is difficult to understand. This Act takes effect 6 months after enactment to provide time for DHSS and DOJ to develop the model discharge plan and for agencies, including the Department of Correction and local law enforcement agencies, to develop policies and procedures necessary to implement and respond to notification under these requirements. The new requirements under § 5512A of Title 25 apply to rental agreements entered into on or after the effective date of this Act. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Act is known as “The Grace Peterson Act”.
This House Joint Resolution directs the Judiciary to establish a Working Group to explore the feasibility of establishing a Housing Opportunity and Poverty Elimination (HOPE) Court Program in partnership with State agencies and community organizations and to provide recommendations for statewide implementation.
This Act is a Substitute for House Bill No. 450. Like House Bill No. 450, this Substitute Act is to be known as the Reforming Opportunities and Accelerated Development for Delaware Act (“ROAD-DE Act”) and will make significant changes to Delaware’s land use permitting process by building on Governor Meyer’s Executive Order No. 18, which created the Permitting Accelerator to reform policies, processes, and procedures that have accumulated over decades and are holding back jobs, housing, and other critical infrastructure statewide. In 2019, a study of Delaware’s permitting process was undertaken. The study concluded that Delaware’s permitting process was significantly longer and more challenging than those of surrounding states in the region. In 2025, this State began digitizing permitting processes. During the initial stages of that effort, more than 52 hours of interviews with 57 stakeholders were conducted across state agencies, local governments, developers, and technical experts. Those interviews revealed that statewide delays are not driven by isolated performance issues. Rather, they stem from structural misalignment, sequential review processes, incentive distortions, and capacity constraints that compound across agencies. Delaware’s permitting process can stretch beyond 24 months, placing this State at a distinct economic development disadvantage when it comes to attracting and growing businesses. In the region, Delaware’s competitors, including Maryland and Pennsylvania, can achieve substantially faster permit approvals, making them more attractive locations for economic development and affordable housing. The 2019 and 2025 studies resulted in recommendations that the permitting process be streamlined and modified to improve accountability and eliminate redundancies within various government agencies, particularly within the Delaware Department of Transportation (“DelDOT”). To implement these recommendations, this Substitute Act, like House Bill No. 450, does all of the following: (1) Section 1 of this Substitute Act requires DelDOT to base the threshold for determining if a traffic impact study is required on peak-hour trips, not vehicle trips per day, and set the minimum peak hour trips threshold at 500 peak-hour trips for residential developments and 500 peak-hour trips, excluding pass-by trips, for all other development types. (2) Sections 2, 4, 6, and 8 of this Substitute Act require the counties and municipalities to base their threshold for determining if a traffic impact study is required on the same requirements as required for DelDOT in Section 1 of this Act. (3) Sections 3, 5, 7, and 8 of this Substitute Act provide for certain residential density requirements. (4) Section 9 of this Substitute Act requires DelDOT to deploy, operate, and maintain technological systems for the automated monitoring, analysis, and management of transportation infrastructure and traffic operations. (5) Section 10 of this Substitute Act provides that engineering studies or traffic investigations conducted by DelDOT may include automated or continuous data collection systems, remote sensing technologies, digital imaging, algorithmic analysis of traffic patterns, and other technological methods used to evaluate roadway safety, traffic operations, and infrastructure conditions. (6) Section 11 of this Substitute Act requires DelDOT to establish and collect transportation impact fees throughout this State and to use the moneys collected to fund off-site improvements to bring existing transportation infrastructure up to current State standards. Additionally, this Section requires DelDOT to use the moneys collected in the county in which the transportation impact fee was collected unless the county or the municipalities within the county fail to adopt the traffic impact study and residential density requirements under Sections 2 through 8 of this Act. This Substitute Act differs from House Bill No. 450 as follows: (1) Changes the residential density requirements provision contained in Sections 3, 5, 7, and 8 of this Substitute Act for the original Act. (2) Requires DelDOT to consult with the applicable municipal government on how to spend the money collected from the transportation impact fee. (3) Increases the amount of the surcharge DelDOT must assess on the transportation impact fee from 1% to 2%. (4) Adds the Brownfield Development Program as 1 of the programs to receive money from the surcharge assessed on the transportation impact fee by DelDOT. This Substitute Act requires a greater than majority vote for passage because § 1 of Article IX of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend a municipal charter, whether directly, by amendment to a specific municipality’s charter, or, as in this Act, indirectly, by a general law. This Substitute Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
This Act creates a Disaster Recovery Fund (the "Fund") to provide disaster recovery assistance to Delaware residents and local governments affected by disasters. The Fund is intended to provide means for program creation following an extreme event with regard to short-term recovery needs, the provision of interim housing assistance, support for the repair, restoration, reconstruction, or replacement of occupied damaged or destroyed homes, assistance in addressing gaps in insurance coverage, prioritization of health and safety issues to ensure that housing remains habitable, and support for long-term recovery initiatives. The Fund will be administered in accordance with guidelines set by the Recovery Advisory Council, or "RAC," which is established by the Act. The Fund will consist of any appropriations, grants, gifts, contributions, or revenues received by the Fund from any source. It will be divided into at least 2 components, including: (1) the DEMA Recovery and Resilience Program, which previously existed as Executive Order #44, or the Delaware Resilience Fund, and which will receive funding to focus on recovery initiatives, and (2) the DSHA Housing Recovery Program, which will receive funding to address housing recovery needs. The RAC shall establish prescribed impetuses that trigger the use of funds for mitigation and preparedness projects, including establishing a dollar amount threshold for the fund beyond which funds can be spent on mitigation and preparedness, and establishing a minimum time period of at least one year beyond which, if the Fund is not utilized for its primary objectives, funds can be spent on mitigation and preparedness. Eligible uses would include funding for disaster risk reduction, hazard mitigation projects, or community resilience initiatives or use as a "match" for costs associated with federal mitigation or preparedness grant dollars for initiatives in mitigation and preparedness. The RAC will convene biannually, upon activation request, when post-disaster assistance requests exceed the available balance of the Fund, or in accordance with its bylaws. The RAC consists of the Director of the Delaware Emergency Management Agency or designee; the Director of the Delaware State Housing Authority or designee; the State Hazard Mitigation Officer or designee; the Directors of the Emergency Management Agencies for Sussex County, Kent County, and New Castle County or their designees; the Disaster Coordinator of the Department of Health and Social Services or designee; and the following members, appointed by the Governor: representatives from the Delaware League of Local Government and the Delaware Community Foundation; a member of local government from an affected or impacted community; a member with expertise in disability services, independent living, or access and functional needs, and any additional cabinet secretary or subject matter expert. The Fund may be activated when a disaster occurs and affects an amount of housing, residents, or property predetermined within DEMA or DSHA programmatic guidelines, if damage occurs that exceeds the capacity of the affected locality and assistance is requested from the corresponding county, if the support required for recovery exceeds the capacity of the corresponding county and the county makes a request to the Fund's program managers, or if the Governor declares a state of emergency or requests fund activation.
Currently, if a licensed Delaware attorney pays off a mortgage in conjunction with a real-estate settlement and the lender fails to file a satisfaction piece within 60 days, the attorney may administratively satisfy that mortgage to clear the title record. Unfortunately, often other types of liens that are paid off remain unsatisfied and cloud title for the homeowner. This Act clarifies that a licensed Delaware attorney may also file an administrative satisfaction or partial release for any other type of lien that the Delaware attorney paid off.
