Delaware General Assembly

Lieu/Substituted 6/27/23

If original bill has not been considered in committee, the substitute takes place of original bill. If original bill has been considered in committee, the substitute will be assigned to committee for consideration.

HB 212

6/23/23

Longhurst

Sen. Pinkney

Sen. Hoffner, Poore
Reps. Carson, Heffernan, Lambert, Schwartzkopf, K. Williams, Wilson-Anton

AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO MANUFACTURED HOUSING.

House Bill 212 prohibits manufactured home community owners from drastically increasing rent each year by prohibiting a community owner from increasing rent if the rent was increased by 5 percent or more the previous year or rental period. This Act does not prohibit a community owner from increasing rent to market rent in phases as called for in current law, even if doing so would otherwise violate the prohibition on increasing rent after a 5 percent or more increase. This Act clarifies that penalties of rent reduction and repayment of excess rent will be imposed for a community owner who increases rent in violation of any provision of Title 25, Chapter 70. House Bill 212 requires community owners to annually provide certain information relating to the lot rental assistance program to DEMHRA as well as certify compliance with the program requirements, and allows DEMHRA to request further information about the program as needed. House Bill 212 also requires community owners to provide specified contact information to DEMHRA within 60 days of taking ownership, possession, or control of a manufactured housing community. This House Substitute No. 1 alters the prohibition from House Bill 212 on manufactured home community owners increasing rent if the rent was increased by 5 percent or more the previous year or rental period, instead permitting an increase capped at 3 percent. This Substitute also adds a requirement that landlords hold an annual meeting with homeowners in the month of August to provide the latter with information on available resources in coordination with the Office of the Manufactured Housing Ombudsman. This Substitute makes changes to the eligibility requirements for the lot rental assistance program. It clarifies that enrollment in the program is open during every month of a homeowner’s lease period. This Substitute requires that DEMHRA consult with interested community owners in developing a form to be used by community owners for the annual report of information relating to the lot rental assistance program. Finally, this Substitute closes a loophole in the existing law by imposing a rental increase limitation in circumstances where a homeowner qualified but was not provided with lot rental assistance during the immediately preceding rental period.

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Takes effect upon being signed into law

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