Delaware General Assembly

Senate Elections & Government Affairs 5/16/23

Awaiting consideration in Committee

5/16/23

Sturgeon

Sen. Pinkney
Reps. Phillips, K. Williams

Sen. Hoffner, Huxtable, Lockman, Walsh
Rep. Osienski

AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO RESTRICTIVE COVENANTS.

This Act prohibits restrictive covenants that prohibit or unreasonably restricts the owner of real property from installing or using a clothesline. The average electric dryer requires 2.1 kilowatt hours (kwh) to complete each load of laundry, although, depending on the settings, this may be as much as 6 kwh per load. This translates to significant CO2 emissions and costs. Seven states have enacted laws that protect the ability of a homeowner to use a clothesline. This Act does not affect the enforceability of any conservation easement or historic preservation covenant or prevent reasonable restrictions on clotheslines if the restriction is necessary to protect any of the following: 1. Public health and safety, such as ensuring safe access to and rapid evacuation of a building. 2. Buildings from damage. 3. Historic or aesthetic values, when an alternative of reasonably comparable cost and convenience is available. This allows communities flexibility to adopt reasonable restrictions that fit the needs and characteristics of their neighborhoods, such as restricting clotheslines to private backyards or requiring them to be retracted when not in use. This Act also revises the heading of § 318 of Title 25 to clarify that § 318 applies to restrictive covenants and roof mounted systems for obtaining solar energy.

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Takes effect upon being signed into law

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