Delaware Legislative Issues
Legislative advocacy is an important part of what DAA oversees in its services to its members. Key legislation can place either an obstacle or an advantage to business growth in the multi-family housing industry in Delaware. DAA staff is there in Dover and in Washington, DC, speaking on your behalf.
Delaware Legislative Issues
1. Final Gavel, July 2020 Document
2. 2013 Landlord/Tenant Code (Title 25) text.
State Legislative Issues
Delaware's Carbon Monoxide Detector Law:
January 1, 2019
Delaware Code, Title 16, Chapter 66C, Section 6602C requires the owner of any new and existing lodging establishment to install carbon monoxide detection devices in a dwelling unit or sleeping unit has either of the following:
- A fossil-fuel burning heater or appliance, a fireplace, or other feature, fixture, or element that emits carbon monoxide as a byproduct of combustion.
- An attached garage.
For each lodging establishment newly erected, built, or constructed after January 1, 2019 the required carbon monoxide detection devices must be installed at the time of construction.
For each lodging establishment in the process of being erected, built, or constructed as of January 1, 2019 the required carbon monoxide detection devices must be installed by December 31, 2019 or the completion of construction.
For each existing lodging establishment erected, built, or constructed before January 1, 2019 the required carbon monoxide detection devices must be installed by December 31, 2020.
Delaware Sexual Harassment Notice:
The Delaware Discrimination in Employment Act protects all individuals against discrimination in the workplace based on gender. Sexual harassment is a form of gender discrimination. A new law against sexual harassment passed in 2018 extends protections to all individuals, in all workplaces, including employees, applicants, apprentices, staffing agency workers, independent contractors, elected officials and their staff, agricultural workers, domestic workers, and unpaid inter.
Artesian water and Suez back flow replacement:
more information to follow
Lead Base Paint
"During the Session, HB89 was introduced (signed by the Governor in June) by Rep Mathews and Sen Cloutier that seeks to restore the Childhood Lead Poisoning Advisory Committee by increasing its membership with a couple of new stakeholders, and asks the Committee to report back to the Assembly on a series of issues. The bill asks for updates on the status of state-wide testing, monitoring blood lead levels in the target population, seek practices to improve identification of lead poisoning, and improve lead poisoning prevention across the state. While lead paint was banned for use in the early 1970's, and many in the housing industry have removed these sources from their rental units, others believe there remains a significant health concern for young children. The bill does not impact the multi-family housing industry specifically as to mandatory testing, or specific requirements upon rentals if children are present, however, the DAA will remain vigilant as to how this issue will evolve over the next number of months and years."
City of Wilmington and Inspections
National Legislative Issues
Section 8 Voucher Program
NAA/NMHC strongly support the Section 8 housing choice voucher program, which has long served as America's primary rental subsidy program. The program, which provides subsidized rents for low-income families in private rental housing, can be one of the most effective means of addressing the need for affordable housing. But the program has been plagued with inefficiencies and onerous bureaucratic requirements that increase the cost to rent to a Section 8 voucher holder and discourage private owners from accepting Section 8 vouchers.
Rent regulation policies (also known as rent stabilization and/or more commonly, rent control) are government-enforced price control measures limiting the rents that property owners may charge in market rate rental housing. Rent control laws and regulations mandate an artificial cap on rent, without monetary investment or compensation by the governing jurisdiction. Rent control distorts the housing market by acting as a deterrent and disincentive to develop rental housing and invest in maintenance and rehabilitation. With little to no ability to earn a profit, investors will shift their investments to other non-rent regulated jurisdictions. In practice, these policies have the effect of increasing the cost of all housing by forcing a growing community to compete for fewer housing units, and reducing the quality of rental housing.
Reasonable accommodation requests for assistance animals—including emotional support animals—cause concern for apartment owners and operators. They affect an owner’s ability to assess pet deposits and fees and to apply rules and policies to a resident’s animal. Additionally, they expose owners to possible fair housing complaints.
Medical Marijuana and Fair Housing
While marijuana remains an illegal substance under federal law according to the Controlled Substance Act, state governments are decriminalizing the drug and regulating its lawful use for medical and recreational purposes, in addition to allowing home cultivation. This creates understandable confusion regarding the enforcement of new marijuana regulations by industry stakeholders, as new state policies conflict with federal law.