DELAWARE STATE SENATE

153rd GENERAL ASSEMBLY

SENATE AMENDMENT NO. 1

TO

SENATE SUBSTITUTE NO. 1

FOR

SENATE BILL NO. 116

AMEND Senate Substitute No. 1 for Senate Bill No. 116 by on line 31 by inserting “ on ” after “ is based ” and before “ such failure ” therein.

FURTHER AMEND Senate Substitute No. 1 for Senate Bill No. 116 by deleting lines 51-52 in their entirety and substituting in lieu thereof the following:

“ due under the terms of the lease, plus all court-awarded costs and fees, to the landlord or the landlord’s agent. ”

FURTHER AMEND Senate Substitute No. 1 for Senate Bill No. 116 by deleting line 65 in its entirety and substituting in lieu thereof the following:

“ (4) An electronic or written check made by a charitable organization or government entity has the same ”.

FURTHER AMEND Senate Substitute No. 1 for Senate Bill No. 116 by deleting line 72 in its entirety and substituting in lieu thereof the following:

“ otherwise apply. A judgment vacated under paragraph (b)(5) of this section is still considered a judgment for purposes of calculating the number of judgments in the previous 24 months to determine a tenant’s eligibility under this paragraph.

(7) The landlord may restrict the method of payment under this section, unless payment is made by a charitable organization or government entity, as follows:

a. Prior to a judgment being entered against the tenant, the landlord may restrict the method of any payments to those accepted under the terms of the lease.

b. Once a judgment has been entered against the tenant, the landlord may require payment be made by either certified check or money order. ”.

SYNOPSIS

This Amendment adds language to clarify that the allowed payment restrictions are consistent throughout the Act and also changes the requirements regarding accepting certain payments from any entity to only charitable organizations or government entities. It also makes clear that a judgment vacated under this Act still counts as a judgment for purposes of calculating whether a tenant as had 3 judgments in the previous 24 months to make the tenant ineligible to use the Right of Redemption. It also makes a technical correction on line 31.

Author: Senator Lockman