Delaware 2023-2024 Regular Session

Delaware Senate Bill SB1

Introduced
3/23/23  
Engrossed
3/28/23  
Introduced
3/23/23  
Refer
3/29/23  
Engrossed
3/28/23  
Refer
4/6/23  
Refer
3/29/23  
Enrolled
6/13/23  
Refer
4/6/23  
Enrolled
6/14/23  
Enrolled
6/13/23  
Passed
7/25/23  
Enrolled
6/14/23  

Caption

An Act To Amend Title 25 Of The Delaware Code Relating To The Residential Landlord-tenant Code.

Impact

The implementation of SB1 is expected to foster greater stability in housing for vulnerable populations by providing them access to legal representation in eviction proceedings. This right to representation is designed to help tenants better assert defenses in court, thereby lowering the number of unjust evictions and the associated costs to the state for emergency shelters and social services. Furthermore, the bill includes provisions for a residential eviction diversion program, which aims to mediate disputes before they escalate to litigation, thereby fostering better relationships between landlords and tenants and reducing the societal burden of evictions on local communities.

Summary

Senate Bill No. 1 (SB1) proposes significant amendments to Title 25 of the Delaware Code, specifically addressing the Residential Landlord-Tenant Code. The bill establishes a right to legal representation for tenants facing eviction and other related landlord-tenant actions, particularly benefitting those with household incomes below 200% of the federal poverty guidelines. This legislative measure aims to reduce the socio-economic costs associated with evictions, which disproportionately affect communities of color, especially Black and Latinx households. The bill acknowledges the serious implications of evictions—carrying lasting effects on individuals and families, such as deterioration in health, increased risks of homelessness, and mounting economic distress.

Sentiment

Support for SB1 is strong among housing advocacy groups and legislators who view it as a necessary step towards achieving justice in landlord-tenant relationships and diminishing racial disparities in housing stability. Opponents, however, may express concerns about the administrative burden this bill might impose on landlords and the legal system. Dialogues surrounding the bill frequently emphasize the moral obligation to facilitate access to justice and promote fairness in housing, particularly during the ongoing recovery from the COVID-19 pandemic.

Contention

Some notable points of contention regarding SB1 center around its potential financial implications for the state budget and its impact on small landlords, particularly those with a limited number of rental units. Critics argue that the requirement for legal representation may lead to increased costs for landlords, who might have to furnish more legal documentation and participate in mediation processes. Proponents counter that the long-term benefits for tenants and the community, including reduced homelessness and improved public health outcomes, significantly outweigh these costs.

Companion Bills

No companion bills found.

Similar Bills

IL SB3750

EVICTION-RIGHT TO COUNSEL

RI S0512

Creates the division of civil representation within the department of housing and require civil representation by a Designated Legal Organization to provide legal representation to all tenants who qualify in eviction proceedings.

HI HB1324

Relating To Landlord-tenant Disputes.

NJ A1079

Creates Statewide right to counsel program in certain eviction proceedings, and appropriates $20,000,000.

HI HB1863

Relating To Landlord-tenant Disputes.

CT HB06531

An Act Concerning The Right To Counsel In Eviction Proceedings, The Validity Of Inland Wetlands Permits In Relation To Certain Other Land Use Approvals, And Extending The Time Of Expiration Of Certain Land Use Permits.

CA AB2272

Eviction: education, outreach, and legal services: short-term rental assistance.

CA AB1487

Legal Services Trust Fund Commission: Homelessness Prevention Fund: grants: eviction or displacement.