SPONSOR:

Rep. Briggs King

HOUSE OF REPRESENTATIVES

150th GENERAL ASSEMBLY

HOUSE AMENDMENT NO. 1

TO

HOUSE BILL NO. 46

AMEND House Bill No. 46 by inserting the following after line 180 and before line 181 and redesignating accordingly:

(c) If a manufactured home owner receives the benefit of funds provided by the Delaware Manufactured Home Owner Attorney Fund in litigation against a manufactured community owner, and if the manufactured home owner is not the prevailing party in that litigation, the manufactured community owner shall be entitled to recover from the Fund the full amount of its attorneys’ fees expended in that litigation. ”.

SYNOPSIS

To dissuade frivolous litigation, this amendment allows community owners to recuperate their legal fees if they are successful in actions against a tenant that are funded by the Delaware Manufactured Home Owner Attorney Fund.