SB1 | Delaware 2023-2024 | AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO THE RESIDENTIAL LANDLORD-TENANT CODE.

Link to Summary Link to Summary

Link to Full Text Link to Full Text

On July 28, 2023 in the Senate:

SS 1 for SB 1 - Signed by Governor

On June 14, 2023 in the Senate:

SS 1 for SB 1 - Passed By Senate. Votes: 19 YES 1 NOT VOTING 1 ABSENT

On June 13, 2023 in the House:

SS 1 for SB 1 - Passed By House. Votes: 25 YES 12 NO 1 NOT VOTING 3 ABSENT
SS 1 for SB 1 - - Passed In House by Voice Vote

On June 1, 2023 in the Senate:

Substituted in Senate by SS 1 for SB 1

On May 18, 2023 in the House:

SS 1 for SB 1 - Reported Out of Committee (Appropriations) in House with 1 Favorable, 3 On Its Merits

On April 6, 2023 in the House:

SS 1 for SB 1 - Assigned to Appropriations Committee in House
SS 1 for SB 1 - Reported Out of Committee (Housing) in House with 5 Favorable, 1 On Its Merits, 1 Unfavorable

On March 29, 2023 in the House:

SS 1 for SB 1 - Assigned to Housing Committee in House

On March 28, 2023 in the Senate:

SS 1 for SB 1 - Passed By Senate. Votes: 19 YES 1 NOT VOTING 1 ABSENT

On March 23, 2023 in the Senate:

Substituted in Senate by SS 1 for SB 1
Amendment SA 1 to SB 1 - Introduced and Placed With Bill

On March 16, 2023 in the Senate:

Reported Out of Committee (Finance) in Senate with 1 Favorable, 3 On Its Merits

On March 15, 2023 in the Senate:

Assigned to Finance Committee in Senate
Reported Out of Committee (Housing & Land Use) in Senate with 6 Favorable, 1 On Its Merits

On January 19, 2023 in the Senate:

Introduced and Assigned to Housing & Land Use Committee in Senate

HA 1

This Amendment does all of the following: (1) Inserts 2 additional forms of information that the Right to Representation Coordinator must include in the Coordinator’s annual report. (2) Clarifies that mediation must be scheduled and completed no later than 48 hours before the trial date, and that a tenant’s failure to complete mediation may not delay the scheduling or commencement of trial. (3) Makes a technical correction.

SA 1

This Amendment does all of the following: (1) Removes a judicial or administrative proceeding to remedy a violation of law related to security deposit from the list of proceedings included in a covered proceeding. (2) Replaces “covered individual” with “tenant” in the provision determining a tenant’s eligibility to be a covered individual. (3) Makes clear that a covered individual’s household income is to be determined over the immediately preceding 12 months. (4) Makes clear how to determine household income for a full-time student. (5) Tabulates the list of notices provided by a landlord that trigger a covered individual’s receipt of legal representation and further clarifies the notice related to termination of a rental agreement. (6) Provides that a designated organization may decline representation if an attorney deems the covered individual’s defense to lack merit, in addition to a determination by the attorney that an appeal lacks merit. (7) Provides that a covered individual is entitled to receive legal representation as soon as practicable after the initiation of a covered proceeding, rather than just an eviction proceeding. (8) Removes the requirement that a court, at a covered individual’s first appearance in a covered proceeding, provide a covered individual with notice of the individual’s right to, and the availability of, legal representation under this Act. This notice is intended to be provided earlier by the Right to Representation Coordinator (“Coordinator”). (9) Requires that events planned for, and information distributed to, tenants also be made available to landlords and property managers. (10) Requires that the Coordinator include a full accounting of their expenditures as part of the required annual report. (11) Provides that the Coordinator is to prepare information explaining legal representation available to tenants, provides that the information is known as “informational materials”, requires the Coordinator to prepare the informational materials in English, Spanish, and Haitian Creole, and clarifies the events that require the informational materials to be provided to a tenant. (12) Clarifies the date from which actions are to be taken by the Coordinator and the Justice of the Peace Courts. (13) Makes clear that the provision of legal representation to a covered individual under Section 1 of this Act is not intended to be the sole basis for a continuance of a covered proceeding scheduled before the effective date of Section 1 of this Act for a hearing on or after the effective date of Section 1 of this Act. (14) Provides that the residential eviction diversion program include an initial mediation conference rather than a conciliation conference. (15) Makes technical corrections, including to use the defined term “rental agreement” instead of “lease” and to insert “Delaware” before “Supreme Court” for clarity.