Bill Text: DE HB121 | 2013-2014 | 147th General Assembly | Draft


Bill Title: An Act To Amend Chapter 70, Title 25 Of The Delaware Code Relating To Manufactured Homes And Manufactured Home Communities.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2013-05-07 - Introduced and Assigned to Manufactured Housing Committee in House [HB121 Detail]

Download: Delaware-2013-HB121-Draft.html


SPONSOR:

Rep. Baumbach

 

HOUSE OF REPRESENTATIVES

147th GENERAL ASSEMBLY

HOUSE BILL NO. 121

AN ACT TO AMEND CHAPTER 70, TITLE 25 OF THE DELAWARE CODE RELATING TO MANUFACTURED HOMES AND MANUFACTURED HOME COMMUNITIES.


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


Section 1.Amend Section 7006(a)(13)h., Title 25 of the Delaware Code by making insertions as shown by underlining as follows:

§7006.Provisions of a rental agreement.

h. Respect the privacy of residents and agree not to enter into, under or on the manufactured home or enter onto the lot without the permission of the tenant or an adult resident unless emergency circumstances exist and entry is required to prevent injury to person or damage to property.However, the landlord may, with 72 hours' notice, inspect any utility connections owned by the landlord or for which the landlord is responsible; However, the landlord may enter the lot, but not the home, during normal business hours, without notice to the resident for the following reasons:

1. To conduct routine inspections of the lot and of any utility connections owned by the landlord and for which the landlord is responsible; 

2. To perform tree maintenance on the lot as specified in Section 7006 (a)(13)(l), not more frequently than once every 90 days;

3. For the purpose of taking any necessary meter readings, not more frequently than once per month; and

4. If provided for in the lease, for the purpose of providing services such as delivery of mail, notices, products, and other information.

Section 2.Section 1 shall apply retroactively in that Landlords shall provide existing tenants with an addendum to their rental agreement within 60 days of the enactment of this Act.

Section 3.If any provision of this Act or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Act which can be given effect without the invalid provision or application; and, to that end, the provisions of this Act are declared to be severable.


SYNOPSIS

This bill clarifies the landlords obligation to respect the privacy of tenants and not enter a lot without the tenant's or an adult resident's permission unless certain emergency circumstances exist and for clearly identified regular tasks, such as maintenance.  This bill also requires landlords to provide a rental agreement addendum to their existing tenants reflecting this clarification to their rental agreements. 

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