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DE SB132
Bill
Status
5/17/2021
Primary Sponsor
Bruce Ennis
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AI Summary
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Limits rent increases in manufactured home communities to once per 12-month period and restricts increases to the Consumer Price Index for All Urban Consumers (CPI-U) unless justified under specific circumstances.
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Establishes that rent increases above CPI-U are presumed unconscionable if they exceed 10% above CPI-U and must be justified by factors including changes in property taxes, utility charges, insurance costs, operating expenses, or rental assistance provided by the community owner.
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Creates a capital improvement assessment fee mechanism allowing community owners to recover costs of new assets or material improvements from homeowners over time, limited to the lower of 10% of improvement cost or 5% of rent, and ending when costs are recovered.
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Requires community owners to provide 90 days written notice of rent increases with detailed information about affected homeowners, proposed amounts, and justification factors, and establishes a dispute resolution process including mandatory meetings and binding arbitration.
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Clarifies that arbitrators must apply standards from the law, community owners must prove increases justified by clear and convincing evidence, and specifies when rent increases take effect based on arbitration outcomes.
Legislative Description
An Act To Amend Title 25 Of The Delaware Code Relating To Rent Increases In Manufactured Home Communities.
Last Action
Adopted in lieu of the original bill SB 132, and Assigned to Housing Committee in Senate
5/17/2021