HOUSE OF REPRESENTATIVES

151st GENERAL ASSEMBLY

HOUSE BILL NO. 126

AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO LOT RENTAL ASSISTANCE PROGRAM.

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

Section 1. Amend § 7022, Title 25 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 7022. Lot Rental Assistance Program [For application of this section, see 79 Del. Laws, c. 304, § 7].

(a) A homeowner or tenant in a manufactured home community who is eligible for Social Security Disability (SSD) or Supplemental Security Income (SSI) benefits or who is 62 years of age or older is eligible for lot rental assistance from the manufactured home community owner if the homeowner or tenant meets all of the following criteria:

(1) The homeowner or tenant must have owned the manufactured home or resided in the home in the manufactured home community prior to July 1, 2006.

(2) The homeowner or tenant must reside full time and exclusively in the manufactured home in the manufactured home community, and the manufactured home must be the homeowner’s or tenant’s only residence.

(3) Tenant’s household income must not exceed 30% of the income definition as stated in the Delaware State Housing Authority Fact Book (DSHA Fact Book), or its successor document for the United States Department of Housing and Urban Development (HUD) for the county median income limits. For purposes of this section, “Tenant’s household income” includes the income of all occupants of the manufactured home, whether or not an occupant is a tenant, and of all tenants of the manufactured home, whether or not a tenant is an occupant.

(3) (4) The lot rent, excluding utility charges and other charges, fees, and assessments that are part of the services rider required under § 7008(a)(9) of this title, must exceed 30% of the income definition, as stated in the Delaware State Housing Authority Fact Book (DSHA Fact Book), or its successor document, for the United States Department of Housing and Urban Development (HUD) for the county median income limits based upon 40% 30% of the county’s median income for the number of residents in the home. For purposes of this section, “income” includes the income of all occupants of the manufactured home, whether or not an occupant is a tenant, and of all tenants of the manufactured home, whether or not a tenant is an occupant.

(4) (5) The total liquid assets, including but not limited to bank accounts, stocks, and bonds of the homeowner or homeowners, tenant or tenants, and other residents, may not exceed $50,000.

(5) (6) The homeowner, tenant, and other residents must provide to the community owner all documentation necessary to determine eligibility for lot rental assistance, such as bank records, eligibility letters, tax returns, and brokerage statements.

(6) (7) The homeowner, tenant, and other residents and the manufactured home must be in substantial compliance with all manufactured home community rules, regulations, and standards.

SYNOPSIS

This Act clarifies the requirements for Lot Rental Assistance as intended by the original language in the statute. This Act adds to the criteria required for the homeowner or tenant in a manufactured home community to be eligible for lot rental assistance from the manufactured home community owner. Specifically, it requires that the tenant’s income must not exceed 30% of the income definition for the county median income.