HB 191 DE Passed Legislature
AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO THE LANDLORD TENANT CODE.
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Summary
This substitute bill provides more clarity on the process by which a tenant may file an action in the Justice of the Peace Court to withhold rent payments in escrow. Specifically, the bill provides what the tenant must file in order to bring such action and how such actions proceed in court. This substitute bill also provides the remedy of termination of lease when the conditions of the rental unit threatens the life, health, or safety of the tenant or a member of the tenant’s household. This substitute bill also clarifies the appeal process for actions to withhold rent payments in escrow. This substitute bill also provides a tenant the right to raise as an affirmative defense to an action for summary possession filed by the landlord that a condition exists that threatens the life, health, or safety of the tenant or a member of the tenant’s household if the tenant satisfies specific requirements. If the Court determines that the tenant has satisfied those requirements, the Court may order that in lieu of summary possession, the tenant pay all base monthly rent owed to the landlord to an escrow account established by the Court. The Court may order the landlord to remedy the conditions alleged by a specific date. If both the landlord and tenant comply with the Court’s order, the amount held in escrow will be paid to the landlord within 30 days, and no judgment for possession shall be entered. Finally, this substitute bill provides that the Act will take effect 180 days after its enactment into law in order to provide the Justice of the Peace Court sufficient time to enact rules to implement the Act.
Sponsors (8)
- Sherry Dorsey Walker · primary
- Spiros Mantzavinos Democratic · primary
- Valerie Longhurst · primary
- Trey Paradee Democratic · primary
- William Bush Democratic · primary
- Marie Pinkney Democratic · primary
- Kerri Evelyn Harris Democratic · primary
- Madinah Wilson-Anton Democratic · primary
Action history (23)
- Jun 8, 2023 Adopted in lieu of the original bill HB 191, and Assigned to Housing Committee in House · lower
- Jun 15, 2023 Reported Out of Committee (Housing) in House with 6 Favorable, 1 On Its Merits · lower
- Jun 15, 2023 Assigned to Appropriations Committee in House · lower
- Jun 21, 2023 Reported Out of Committee (Appropriations) in House with 5 On Its Merits · lower
- Jun 28, 2023 Amendment HA 1 to HS 1 - Introduced and Placed With Bill · lower
- Jun 29, 2023 Amendment HA 1 to HS 1 - Passed In House by Voice Vote · lower
- Jun 29, 2023 Passed By House. Votes: 22 YES 1 NO 2 NOT VOTING 16 ABSENT · lower
- Jun 29, 2023 Assigned to Housing & Land Use Committee in Senate · upper
- May 30, 2024 Amendment SA 1 to HS 1 - Introduced and Placed With Bill · lower
- Jun 12, 2024 Amendment SA 2 to HS 1 - Introduced and Placed With Bill · lower
- Jun 25, 2024 Reported Out of Committee (Housing & Land Use) in Senate with 5 On Its Merits · upper
- Jun 25, 2024 Assigned to Finance Committee in Senate · upper
- Jun 25, 2024 Amendment SA 3 to HS 1 - Introduced and Placed With Bill · lower
- Jun 26, 2024 Reported Out of Committee (Finance) in Senate with 4 On Its Merits · upper
- Jun 26, 2024 Amendment SA 4 to HS 1 - Introduced and Placed With Bill · lower
- Jun 26, 2024 Amendment SA 1 to SA 4 - Introduced and Placed With Bill · lower
- Jun 26, 2024 Amendment SA 1 to HS 1 - Stricken in Senate · upper
- Jun 26, 2024 Amendment SA 2 to HS 1 - Stricken in Senate · upper
- Jun 26, 2024 Amendment SA 3 to HS 1 - Stricken in Senate · upper
- Jun 26, 2024 Amendment SA 1 to SA 4 - Passed By Senate. Votes: 20 YES 1 NOT VOTING · upper
- Jun 26, 2024 Amendment SA 4 to HS 1 - Passed By Senate. Votes: 16 YES 4 NO 1 NOT VOTING · upper
- Jun 26, 2024 Passed By Senate. Votes: 16 YES 4 NO 1 NOT VOTING · upper
- Jun 30, 2024 Laid On Table in House · lower
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