DE HB37

Amends Delaware's rent escrow law to clarify that a rent escrow action is not an action for possession and cannot be used as such, protecting tenants from eviction when raising habitability concerns

Allows tenants to deposit rent with the court when landlords fail to repair dangerous defects that threaten health, safety, or fire hazards, including lack of heat, water, electricity, sewage problems, rodent infestations, and structural defects

Requires tenants to provide written notice to landlords and allow a reasonable time for repairs, with a rebuttable presumption that more than 30 days is unreasonable

Authorizes courts to order various remedies including rent abatement, lease termination, appointment of a special administrator to make repairs, or disbursement of escrowed funds to tenants if landlords fail to make repairs within 90 days

Permits tenants to use dangerous defects as an affirmative defense against eviction actions for nonpayment of rent or summary possession