Bill Text: DE HB391 | 2009-2010 | 145th General Assembly | Draft

Delaware House Bill 391 (Prior Session Legislation)

Draft

Bill Title: An Act To Amend Title 25 Of The Delaware Code Relating To Manufactured Home Communities.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2010-05-05 - Reported Out of Committee (MANUFACTURED HOUSING) in House with 3 On Its Merits [HB391 Detail]

Download: Delaware-2009-HB391-Draft.html

SPONSOR:	Rep. Longhurst & Sen. Ennis

HOUSE OF REPRESENTATIVES

145th GENERAL ASSEMBLY

HOUSE BILL NO. 391

AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO MANUFACTURED HOME COMMUNITIES.

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

Section 1.Amend existing section 7005, Title 25 of the Delaware Code by striking the existing section in its entirety and substituting in its place the following:

"� 7005.Prerequisites for rental of a manufactured home lot.

(a) Disclosure of rental agreement, rules, standards and fee schedule.

(1)A landlord may not rent a lot in a manufactured home community to a prospective tenant without first delivering to the prospective tenant at least two weeks prior to consummating an agreement a copy of: (i) the rental agreement; (ii) the rules, standards and fee schedule of the manufactured home community; (iii) this subchapter; and (iv) the Tenants' Rights and Responsibilities Guide, as prepared by Consumer Protection Unit of the Attorney General's Office, with input from the Continued Legal Aid Society, Inc.;

(2)Upon receipt of the documents required pursuant to (a)(1), the prospective tenant shall acknowledge delivery of such documents by signing a receipt provided by the landlord acknowledging same.

(b) Pre-tenancy counseling.

(1)Prior to entering into a rental agreement, the prospective tenant shall participate in pre-tenancy counseling from a certified tenant counselor which shall include, without limitation, the following:

(i) The requirements of the Manufactured Home Owners and Community Owners Act;

(ii)The responsibilities of a tenant under the Manufactured Home Owners and Community Owners Act;

(iii)The responsibilities of a community owner/landlord under the Manufactured Home Owners and Community Owners Act;

(iv)A discussion of all material terms of the rental agreement, rules, and standards, which documents the prospective tenant shall bring to the counseling session.

(2)The pre-tenancy counseling shall not include:

(i)Any opinions concerning the character of the prospective landlord and/or the community;

(ii)Any legal opinions regarding the prospective tenancy and/or the rental agreement, rules, and/or standards.

(3)No pre-tenancy counseling provided by a counselor may be construed as legal advice, and the counselor shall advise the prospective tenant as such.If a tenant feels the need for legal advice following the counseling session, the tenant shall contact a licensed Delaware attorney.

(1)The counseling shall be scheduled within one (1) week of application to DSHA;

(2)Costs to DSHA for facilitating the counseling program shall be reimbursed through the Relocation Trust Fund; and

(3)The curriculum and requirements for the certification process shall be submitted annually by DSHA to the Consumer Protection Unit, or its successor, of the Attorney General's Office for review and approval.

(d) Certified tenant counselors.

(1)Counselors must be trained and receive accreditation from DSHA as a certified tenant counselor;

(2)Counselors shall charge the prospective tenant a fee of $40 for each individual counseling session;

(3)A certified tenant counselor may not be an employee or owner of a manufactured home community.

(e) Rescission of Lease

(1)The tenant shall have a reasonable period, not to exceed three (3) days subsequent to consummation of the lease, whereby the tenant may rescind the lease without repercussion, excepting any good faith money that may have been placed by tenant on such lease.".

SYNOPSIS

This bill requires certain disclosures by the landlord to the prospective tenant prior to the tenant entering into a lease with the landlord.In addition, the bill requires that a prospective tenant receive counseling, provided by Delaware State Housing Authority, as to material terms of the lease and other relevant documents relating to the manufactured home community.The intent of the bill is to ensure that the prospective tenant is as educated and knowledgeable as is reasonably possible regarding material terms of the lease, the manufactured home community, and related documents and standards.