Delaware General Assembly


CHAPTER 293

FORMERLY

SENATE BILL NO. 274

AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO THE RESIDENTIAL LANDLORD-TENANT CODE.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :

Section 1. Amend §5141, Title 25 of the Delaware Code by inserting therein as follows:

“(28) ‘Domestic abuse’ shall mean any act or threat against a victim of domestic abuse or violence that either constitutes a crime under Delaware law or any act or threat that constitutes domestic violence or domestic abuse as defined anywhere in the Delaware Code. Domestic abuse can be verified by an official document, such as a court order, or by a reliable third party professional, including a law enforcement agency or officer, a domestic violence or domestic abuse service provider, or health care provider. It is the domestic violence or abuse victim’s responsibility to provide the reliable statement from the reliable third party.

(29) The terms ‘sexual offenses’ and ‘stalking’ shall here have the same meaning as in Title 11 of the Delaware Code. Sexual offenses and stalking can be verified by an official document, such as a court order, or by a reliable third party professional, including a law enforcement agency or officer, a sexual assault service provider, or health care provider. It is the sexual assault or stalking victim’s responsibility to provide the reliable statement from the reliable third party.”

Section 2. Amend §5314(b), Title 25 of the Delaware Code by eliminating the “or” at the end of paragraph (5) as it appears therein, by redesignating the existing paragraph (6) as new paragraph (7), and by adding a new paragraph (6) to read as follows:

“(6) By a tenant who is the victim of domestic abuse, sexual offenses, stalking, or a tenant who has obtained or is seeking relief from domestic violence or abuse from any court, police agency, or domestic violence program or service; or”.

Approved June 22,2006