Bill Text: DE HB234 | 2013-2014 | 147th General Assembly | Draft
Bill Title: An Act To Amend Title 25 Of The Delaware Code And Chapter 63, Volume 79 Of The Laws Of Delaware Relating To Manufactured Homes And Manufactured Home Communities.
Spectrum: Moderate Partisan Bill (Democrat 7-2)
Status: (Enrolled - Dead) 2014-06-18 - HS 1 for HB 234 - Passed by Senate. Votes: Passed 19 YES 0 NO 1 NOT VOTING 1 ABSENT 0 VACANT [HB234 Detail]
Download: Delaware-2013-HB234-Draft.html
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SPONSOR: |
Rep. Baumbach & Rep. Briggs King & Rep. Carson & Sen. Ennis |
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Reps. Kowalko, Osienski; Sen. Bushweller |
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HOUSE OF REPRESENTATIVES 147th GENERAL ASSEMBLY |
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HOUSE BILL NO. 234 |
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AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE AND CHAPTER 63, VOLUME 79 OF THE LAWS OF DELAWARE RELATING TO MANUFACTURED HOMES AND MANUFACTURED HOME COMMUNITIES. |
Section 1.Amend §7042(c)(7), Title 25 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
(7) Market rent. -- For purposes of this section,
"market rent" means that rent which would result from market forces
absent an unequal bargaining position between the community owner and the home
owners. In determining market rent, relevant considerations include rents
charged by comparable manufactured home communities in the applicant's
competitive area. Market rent shall
be determined on a community to community basis, and not a lot to lot basis.To be comparable, a manufactured home
community must offer similar facilities, services, amenities and management. Additionally,
a manufactured home community being used for comparison cannot be owned by the
same principles as the one to which it is being compared.
Section 2.Amend §7043(a), Title 25 of the Delaware Code by making insertions as shown by underlining and deletions as shown by strike through as follows:
(a) A community owner shall
give written notice to each affected homeowner and to the home owners
association, if one exists, and to the Delaware Manufactured Home Relocation
Authority (the Authority), at least 90 days prior to any increase in rent. The
notice shall identify all affected home owners by lot number, name, group or
phase. If the affected home owners are not identified by name, the community
owner shall make the names and addresses available to any affected home owner,
or home owners association and/or the Authority upon request.
Section 3.Amend §7043(b), Title 25 of the Delaware Code by making insertions as shown by underlining and deletions as shown by strike through as follows:
(b) If the proposed rent increase exceeds the CPI-U, the Authority shall schedule a meeting between the parties at a mutually-convenient time and place to be held within 30 days from the mailing of the notice of the rent increase, to discuss the reasons for the increase. The community owner proposing the rent increase shall recommend to the Authority a date, time and place of the meeting and the Authority shall affirm that recommendationif it finds the date, time and place to be reasonable.At the meeting the community owner shall, in good faith, disclose all of the material factors resulting in the decision to increase the rent. The community owner shall disclose financial and other pertinent documents and information supporting the reasons for the rent increase. The parties may agree to extend or continue any meetings required by this section.
Section 4.Amend §7043(c), Title 25 of the Delaware Code by making insertions as shown by underlining and deletions as shown by strike through as follows:
(c)
If the meeting fails to resolve any dispute, either party After the informal
meeting, any homeowner still contesting the proposed increase, or the
Homeowners Association on the homeowners' behalf may, within 30 days from
the conclusion of the final meeting, petition the Authority to appoint a
qualified arbitrator to conduct nonbinding arbitration proceedings. The
Authority shall select an arbitrator who is a member of the Delaware Bar with
appropriate training in alternative dispute resolution. The Authority may
select an arbitrator from the list of arbitrators maintained by the Superior
Court of the State of Delaware, or by soliciting applicants for a list
maintained by the Authority, or through another method which the Authority, in
its discretion, has determined will be sufficient to result in the selection of
an appropriate arbitrator. The tenants and the landlord must each pay $250 to
the Delaware Manufactured Home Relocation Trust Fund to be applied to the
arbitrator's fee. The Authority shall pay all direct arbitration costs in
excess of the $500 collected from the homeowners and community owner. All other
costs shall be the responsibility of the respective parties. The arbitration
must be held within 60 days from the date of the petition.
Section 5.Amend §6, Chapter 63, Volume 79 of the Laws of Delaware by making insertions as shown by underlining and deletions as shown by strike through as follows:
This Act shall be effective for all leases expiring as they are
subject to renewal on or after November 30, 2013.
SYNOPSIS
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This bill: 1.) Provides that in determining market rent there must be a comparison of community to community and not lot to lot. Additionally, communities used in the comparison of community to community cannot be owned by the same principles. 2.) Allows the Delaware Manufactured Home Relocation Authority to request a list of affected homeowners. 3.) Provides that community owners proposing increases above the CPI-U should suggest to the Delaware Manufactured Home Relocation Authority, a date, time and place of a meeting and the Authority shall affirm that meeting if it finds it to be reasonable. 4.) Allows homeowners or a homeowners association on behalf of a homeowner to file for arbitration if no agreement is reached at the informal meeting. 5.) Makes a technical change to the effective date of Senate Substitute No 1 to Senate Bill No 33 of the 147th General Assembly. |
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