DELAWARE STATE SENATE

151st GENERAL ASSEMBLY

SENATE BILL NO. 312

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

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

Section 1. Amend § 7008, Title 25 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 7008. Provisions of a rental agreement.

(a) All new and renewing rental agreements, including those rental agreements whose original term has expired, for a lot in a manufactured home community must contain all of the following:

(15) For a manufactured home community that is supplied by potable water from a private water system, a provision requiring the landlord to do all of the following:

a. Cause an independent, uninterested third party to collect samples of the potable water annually.

b. Cause the samples collected under paragraph (15)a. of this section to be analyzed for compliance with state drinking water standards, adopted under § 122(3)c. of Title 16, by a laboratory that is certified by this State or the federal Environmental Protection Agency for testing potable water.

c. Report, in a timely manner as specified in rules adopted under § 7018 of this title, the results of the analysis under paragraph (15)b. of this section to the tenants and the Department of Health and Social Services.

(16) For a manufactured home community with a septic system, a provision requiring the landlord to do all of the following:

a. Cause the septic system to be emptied and serviced at least every 2 years to ensure the system’s working condition and to provide sufficient sewage capacity as required under other law of this State and the county or municipal government with jurisdiction over the manufactured home community.

b. Cause the septic system to be inspected when the system is serviced.

c. Report, in a timely manner as specified in rules adopted under § 7018 of this title, the results of the inspection to the tenants, the Department of Natural Resources and Environmental Control, and the county or municipal government with jurisdiction over the manufactured home community.

SYNOPSIS

This Act requires all new and renewing rental agreements for a lot in a manufactured home community to contain the following:

(1) For a manufactured home community that is supplied by potable water from a private water system, a provision requiring the landlord to have the water tested and report the findings to tenants and the Department of Health and Social Services.

(2) For a manufactured home community with a septic system, a provision requiring the landlord to have the system emptied, serviced, and inspected at least every 2 years and to report the findings to tenants, the Department of Natural Resources and Environmental Control, and the applicable county or municipal government.

Author: Senator Walsh