2019 Delaware Code
Title 25 - Property
Chapter 70. Manufactured Homes and Manufactured Home Communities [Effective until Dec. 10, 2019]
Subchapter V Delaware Manufactured Home Relocation Trust Fund [Effective Dec. 10, 2019]
§ 7044 Payment of funds to landlord for removal or disposal of abandoned homes [Effective Dec. 10, 2019].

Universal Citation: 25 DE Code § 7044 (2019)

(a) A landlord is entitled to receive from the Trust Fund payment in an amount determined by the Board to be sufficient to remove or dispose, or both, a non-relocatable or abandoned manufactured home under paragraphs § 7043(d) and (g) of this title.

(b) Payment for removal or disposal, or both, of a manufactured home under subsection (a) of this section must be authorized by the Authority and made in the form of a voucher issued to the Division of Revenue of the Department of Finance, directing the Division to issue a check in a designated amount to the landlord.

(c) If the Trust Fund does not have sufficient moneys to make a payment to a landlord under this section, the Authority shall issue a written promissory note to the landlord for funds due and owing. Promissory notes may be redeemed in order of issuance of the notes as additional moneys come into the Trust Fund.

(d) If a landlord realizes a profit from the removal or disposal, or both, of a manufactured home, the landlord shall reimburse the Trust Fund for any profit gained by the landlord pertaining to that home.

(e) A landlord may not receive payment from the Trust Fund if the landlord has failed to pay the landlord’s share of the total Trust Fund assessment during the course of tenancies or has failed to remit the tenant’s share as required under § 7042(g)(2) of this title.

(f) It is a class A misdemeanor for a landlord or a landlord’s agent to file a notice, statement, or other document required under this section which is false or contains a material misstatement of fact.

74 Del. Laws, c. 35, § 2; 74 Del. Laws, c. 147, §§ 5, 9; 82 Del. Laws, c. 38, § 37.

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