DELAWARE STATE SENATE

150th GENERAL ASSEMBLY

SENATE AMENDMENT NO. 2

TO

HOUSE BILL NO. 46

AMEND House Bill No. 46 by deleting line 108 in its entirety and inserting in lieu thereof the following:

“ (8) Challenging a rent increase under Subchapter III of this chapter, if all of the following apply:

a. The proposed rent increase is 3% or higher plus the CPI-U as defined in § 7042 of this title.

b. The challenge is requested by either of the following:

1. The homeowners association that represents 25% or more of the homeowners.

2. A simple majority or more of the homeowners who received notice of the proposed rent increase under § 7043 of this title, calculated based on 1 vote for each home that received notice. ”.

FURTHER AMEND House Bill No. 46 by deleting line 180 in its entirety and inserting in lieu thereof the following:

“ (8) Challenging a rent increase under Subchapter III of this chapter, if all of the following apply:

a. The proposed rent increase is 3% or higher plus the CPI-U as defined in § 7052 of this title..

b. The challenge is requested by either of the following:

1. The homeowners association that represents 25% or more of the homeowners.

2. A simple majority or more of the homeowners who received notice of the proposed rent increase under § 7043 of this title, calculated based on 1 vote for each home that received notice. ”.

SYNOPSIS

This Amendment allows an attorney funded by the Delaware Manufactured Home Owner Attorney Fund to represent manufactured homeowners in challenges to rent increases if the proposed rent increase is 3% or higher plus the CPI-U and either the homeowners association or a majority of the homeowners affected by the increase support the challenge.

Author: Senator Ennis