§ 7053. Rent increase dispute resolution [For application of this section, see 79 Del. Laws, c. 304, § 7, and 80 Del. Laws, c. 229, § 3].
§ 7053. Rent increase dispute resolution [For application of this section, see 79 Del. Laws, c. 304, § 7, and 80 Del. Laws, c. 229, § 3]. (a) (1) This section applies to rent increases under §§ 7052, 7052A(d), and 7052B of this title. (2) The Authority must maintain a form final meeting notice that […]
§ 7054. Appeal [For application of this section, see 79 Del. Laws, c. 304, § 7 and 80 Del. Laws, c. 229, § 3].
§ 7054. Appeal [For application of this section, see 79 Del. Laws, c. 304, § 7 and 80 Del. Laws, c. 229, § 3]. The community owner, the homeowners’ association, or any affected homeowner may appeal the decision of the arbitrator under § 7053(k) of this title, within 30 days of the date of issuance […]
§ 7055. Penalties [For application of this section, see 79 Del. Laws, c. 304, § 7].
§ 7055. Penalties [For application of this section, see 79 Del. Laws, c. 304, § 7]. A community owner who raises a homeowner’s rent more than the annual average increase of the CPI-U for the preceding 36-month period without complying with this subchapter, must immediately reduce the rent to the amount in effect before the […]
§ 7056. Exemption [For application of this section, see 79 Del. Laws, c. 304, § 7].
§ 7056. Exemption [For application of this section, see 79 Del. Laws, c. 304, § 7]. (a) Resident-owned communities shall be exempt from the provisions of this subchapter. (b) Any deed subject to lease community shall be exempt from the provisions of this subchapter. A deed subject to lease community is a community wherein each […]
§ 7061. Petition for receivership.
§ 7061. Petition for receivership. Any tenant or group of tenants may petition for the establishment of a receivership in a Justice of the Peace Court upon the grounds that there has existed for 5 days or more after notice to the landlord of any the following: (1) If the rental agreement or any state […]
§ 7062. Necessary parties defendant.
§ 7062. Necessary parties defendant. (a) Petitioners shall join all of the following as defendants: (1) All parties duly disclosed to any of them in accordance with § 7066 of this title. (2) All parties whose interest in the property is a matter of public record, and whose interest in the property is capable of […]
§ 7063. Defenses.
§ 7063. Defenses. It shall be a sufficient defense to this proceeding if any defendant of record establishes any of the following: (1) The condition or conditions described in the petition do not exist at the time of trial. (2) The condition or conditions alleged in the petition have been caused by the wilful or […]
§ 7064. Stay of judgment by defendant.
§ 7064. Stay of judgment by defendant. (a) If, after a trial, the court shall determine that the petition should be granted, the court shall immediately enter judgment thereon and appoint a receiver as authorized herein; provided however, prior to the entry of judgment and appointment of a receiver, the owner or any mortgagee or […]
§ 7045. Payment of funds to tenants.
§ 7045. Payment of funds to tenants. (a) When a payment to a tenant is authorized by the Authority, payment must be made in the form of a voucher issued to the Division of Revenue of the Department of Finance, directing the Division to issue a check in a designated amount to the named tenant. […]
§ 7065. Receivership procedures.
§ 7065. Receivership procedures. (a) The receiver shall be the Division of Consumer Protection of this State, or its successor agency. (b) (1) Upon its appointment, the receiver shall make within 15 days an independent finding whether or not there is proper cause shown for the need for rent to be paid to it, and […]