Delaware General Assembly

Lieu/Substituted 1/17/18

The General Assembly has ended, the current status is the final status.

SB 23

6/9/17

Ennis

Rep. Carson

Sen. Bushweller
Reps. Kowalko, Lynn, Wilson

AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO RENT JUSTIFICATION.

Section 7042 of Title 25 of the Delaware Code lists the completion and cost of any capital improvements or rehabilitation work in a manufactured home community, as distinguished from ordinary repair, replacement, and maintenance, as a factor that may justify an increase in rent but only until the cost of the improvement has been fully recovered. This Act clarifies this provision by providing a definition of capital improvement that includes a rate of return on the improvement; identifying this assessment as a fee, rather than a rent increase; and requiring that the fee be recovered evenly over 3 or more years if the amount of the fee exceeds 10% of the prior year’s rent. Chapter 70 defines rent as including fees, preserving a community owner’s ability to enforce payment of the fee, but by identifying this assessment as a fee, it is clearly identified as separate from a base rent increase. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

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