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]
§ 7046 Delaware Manufactured Home Owner Attorney Fund [Effective Dec. 11, 2019].
(a) The Delaware Manufactured Home Owner Attorney Fund is established through funding provided under § 7042 of this title to provide legal representation and advocacy for manufactured home owners in disputes with community owners.
(b) The Department of Justice must enter into a contract, under the requirements of subchapter VI, Chapter 69 of Title 29, for a person to assist and represent manufactured home owners in disputes with community owners with matters that include all of the following:
(1) Providing educational materials and presentations for manufactured home owners on their rights as manufactured home owners.
(2) Forming a home owners association.
(3) Defending an eviction.
(4) Enforcing a breach of a lease agreement by a community owner.
(5) Remedying the failure of a community owner to maintain communities in a manner consistent with local, state, and federal health and safety rules, regulations, and laws.
(6) Challenging a potentially unenforceable term in a lease agreement.
(7) Challenging a potentially unenforceable community rule.
(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. (c) Not less than quarterly, the Authority shall issue a voucher to the Division of Revenue directing the Division of Revenue to issue a check to the Department of Justice in the amount of the assessments collected under § 7042(g)(1)c. of this title.
(c) The Department of Justice shall file an annual report with the General Assembly October 1 of each year that shall provide all of the following information as of the end of the prior fiscal year:
(1) The amount in the Attorney Fund.
(2) The amount that was spent in the previous year.
(3) The number of cases the contracted attorney worked on in the previous year.
(4) The number of manufactured home owners who were represented by the contracted attorney in the previous year.
82 Del. Laws, c. 62, § 4.
