reglab/housing_qa huggingface dataset:
25 DE Code § 7108. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 71. Conversion of Manufactured Home Communities to Manufactured Home Condominium or Cooperative Communities|§ 7108. Option to purchase; right of first refusal; rescission of contract to purchase; nonpurchasing tenant with children attending school.

§ 7108. Option to purchase; right of first refusal; rescission of contract to purchase; nonpurchasing tenant with children attending school. (a) Where there is a tenants' association in existence at the time of the preliminary notice, the owners of the real property which is to be converted shall in a separate writing mailed to the association, upon approval of the plan by the Office of the Attorney General, grant to the association the exclusive option to purchase the community for a period of 90 days at the price set forth in the plan. If the tenants' association should exercise its option, it shall have 120 days from the date of its exercise of its option to complete the purchase. If the tenants' association decides not to exercise its options, upon the expiration of the 90-day period, the option shall convert into a right of first refusal meaning that the property shall not be sold to any other purchaser, at any time, at any price or terms, without first having been offered on the same terms to the tenants' association. (b) Should the tenants' association fail to exercise its option to purchase within the 90-day period, the owner shall grant to the tenant the exclusive option to purchase the unit for a period of 90 days thereafter at the price set forth in the plan. Upon the request of a tenant, the owner shall provide the tenant with a listing of the types of units within the conversion project, and the price for each type of unit. If the tenant should exercise that tenant's option, that tenant shall have 120 days from the date of the exercise of that tenant's option to complete the purchase. If the tenant decides not to exercise that tenant's option, upon the expiration of the 90-day period, the option shall convert into a right of first refusal, meaning that the property shall not be sold to any other purchaser at any time, at any price or terms without first having been offered on the same terms to the tenant. (c) For a period of 60 days after a purchasing tenant has agreed in writing to purchase a unit within the conversion project, such tenant shall have the right to rescind such contract without the imposition of any penalty or fee. If the tenant rescinds, any renegotiation or new agreement signed by the owner and the purchasing tenant shall be valid and binding, if such renegotiation occurs between the time of rescission and the expiration of the 60-day period set forth in this subsection. (d) Where the 3-year grace period has expired and a nonpurchasing tenant with children still attending school has failed to move, such tenant shall be permitted to remain until 1 week following the end of the school year; or if any of the children is about to graduate, 1 week after the graduation ceremony; whichever is later. 64 Del. Laws, c. 14, §  2;  70 Del. Laws, c. 186, §  1;  74 Del. Laws, c. 35, §  8;
25 DE Code § 7109. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 71. Conversion of Manufactured Home Communities to Manufactured Home Condominium or Cooperative Communities|§ 7109. Rights of nonpurchasing tenants.

§ 7109. Rights of nonpurchasing tenants. (a) All manufactured home sites occupied by nonpurchasing tenants shall be managed by the same manager or agent who manages all other units in the manufactured home community. The owner shall provide to nonpurchasing tenants all services and facilities required by law on a nondiscriminatory basis. The owner shall guarantee such obligation of the manager or agent to provide all such services and facilities for each tenant until such time as the tenant no longer resides on the premises. This obligation will be the obligation of the tenants' association if it exercises its right of first refusal and purchases the community. (b) Where an owner has given notice of that owner's intent to convert a manufactured home community, each tenant who has not purchased a unit in the proposed conversion project shall, during the remaining term of the rental agreement and any extension thereof, be entitled to the same rights, privileges and services that were enjoyed by tenants prior to the date of the preliminary notice together with those that are granted, offered or provided to purchasers or prospective purchasers of the conversion project. 64 Del. Laws, c. 14, §  2;  70 Del. Laws, c. 186, §  1;  74 Del. Laws, c. 35, §  8;
25 DE Code § 7110. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 71. Conversion of Manufactured Home Communities to Manufactured Home Condominium or Cooperative Communities|§ 7110. Rights of tenant during conversion.

§ 7110. Rights of tenant during conversion. (a) After the filing of a conversion plan, during the grace period, no owner may evict or fail to renew the lease of a tenant of a manufactured home community which is the site of a proposed conversion; provided, however, that eviction proceedings may be commenced for nonpayment of rent or a similar breach by a tenant of a contractual obligation to the owner. (b) The prices, terms and conditions offered to tenants by the owner for the purchase of a unit within the conversion project shall be the same as, or more favorable than, those set forth in the conversion plan and those offered to the general public. (c) Any tenant who has left the manufactured home community or is about to do so because the owner or his agents are substantially interfering with his comfort, peace or quiet contrary to the terms of this chapter may apply to the Attorney General for assistance. The Attorney General may act on such tenant's behalf to secure restraining actions to abate the disturbance and/or to prohibit the owner from engaging in any course of conduct (including, but not limited to, interruption or discontinuance of essential services) which would substantially interfere with such person's tenancy. (d) Where the lease of a tenant expires after the conversion plan has been filed, and such tenant continues to rent a site within the manufactured home community, the owner shall not increase the rent on an annual basis more than the average or the prior year's annual increase in rent of the 3 geographically nearest manufactured home communities in the county in which the community is located. The average increase in rent will be determined as of the date on which the lease expires. There shall be no more than 1 rent increase imposed upon the tenant during any 1 calendar year. 64 Del. Laws, c. 14, §  2;  74 Del. Laws, c. 35, §  8;
25 DE Code § 7111. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 71. Conversion of Manufactured Home Communities to Manufactured Home Condominium or Cooperative Communities|§ 7111. Tenants who are elderly or have disabilities.

§ 7111. Tenants who are elderly or have disabilities. In addition to the protection provided to tenants under this chapter, the following provisions shall apply on behalf of any tenant who has a disability or who is 65 years of age or older:  (1) The owner shall supply a list of at least 3 comparable rental units, including manufactured home communities, which have vacancies and which can accommodate such person if such exists, subject, however, to the terms of § 7112(c) of this title; (2) The owner shall supply the address and telephone number of the nearest municipal, state or federal agency which can provide information and assistance to such tenant under the National Housing Act [12 U.S.C. § 1701 et seq.] and the Uniform Relocation Assistance Act [§ 9301 et seq. of Title 29]; (3) Where the tenant remains on the premises at the expiration of the 3-year period, and has in good faith attempted to obtain adequate housing, such tenant shall be permitted to stay on the premises until permanent housing is obtained. Any increase in rent shall be in conformity with the terms of § 7110(d) of this title.64 Del. Laws, c. 14, §  2;  74 Del. Laws, c. 35, §  8;  78 Del. Laws, c. 179, §§  273, 274;
25 DE Code § 7112. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 71. Conversion of Manufactured Home Communities to Manufactured Home Condominium or Cooperative Communities|§ 7112. Eviction; access to comparable housing.

§ 7112. Eviction; access to comparable housing. (a) Where, at the conclusion of the grace period, a tenant is evicted by order of court solely as a result of the conversion, the owner shall pay for all expenses incurred by such tenant in moving into his new residence. If the new residence is in a manufactured home community, such expenses shall include all “setting up” expenses, including connections to all utilities. (b) Within 18 full months after receiving final notice any tenant may request that the owner provide a list of available comparable housing or comparable manufactured home sites and a reasonable opportunity to examine and rent such comparable housing or manufactured home site. (c) After the expiration of the 3-year period, the owner may institute an action in the Superior Court for the eviction of any tenant or tenants who still have manufactured homes within the community or who otherwise have continued to reside within the community; or a tenant, group of tenants or tenant association may apply to the Superior Court for a stay of any eviction proceedings. The Court may, in its discretion, authorize 1-year stays of eviction subject to such rent increases as authorized by § 7110(d) of this title until such time as the Court is satisfied that the tenant has been provided a list of comparable housing or comparable manufactured home sites and is satisfied that the tenant has been provided a reasonable opportunity to examine and rent such housing or manufactured home site. Except where the owner has failed to provide such a list of comparable housing or manufactured home sites, or has failed to provide a reasonable opportunity to examine and rent such housing or manufactured home site, the Court shall grant not more than 5 such eviction stays. 64 Del. Laws, c. 14, §  2;  74 Del. Laws, c. 35, §  8;
25 DE Code § 7113. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 71. Conversion of Manufactured Home Communities to Manufactured Home Condominium or Cooperative Communities|§ 7113. Penalties; jurisdiction.

§ 7113. Penalties; jurisdiction. (a) Civil penalties. — (1) Where an owner violates a provision of § 7105 of this title any action taken by the owner to convert the real property on which a manufactured home community is located into multiple-unit usage shall be invalid; provided, however, that the owner, by again giving the preliminary notice required under § 7105 of this title, may again begin the conversion process. (2) Where the owner fails to give the tenants' association its option to purchase under § 7108 of this title, no subsequent sale or purchase of the real property or of any unit within the conversion project shall be valid. Where the owner fails to provide a tenant with an opportunity to purchase under § 7108 of this title, the tenant shall nevertheless be offered a unit in preference to any nontenant who has agreed to purchase a unit during or subsequent to the time of the tenant's right to purchase. (3) Any binding agreement entered into by an owner which results in a violation of any provision of this chapter is:  a. Void, if a person residing in the manufactured home community at the time of the preliminary notice was an object of, or was adversely affected by, such violation; or b. Voidable at the option of any party thereto. (b) Criminal penalties; jurisdiction. — (1) Any person who is convicted of a violation of a provision of this chapter shall be fined a sum not less than $100 nor more than $500 for each offense. Where the violation is ongoing and continuous, each day's continuation of such violation shall constitute a separate offense. (2) The Superior Court shall have jurisdiction over all offenses under this section.64 Del. Laws, c. 14, §  2;  74 Del. Laws, c. 35, §  8;
25 DE Code § 7114. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 71. Conversion of Manufactured Home Communities to Manufactured Home Condominium or Cooperative Communities|§ 7114. Modification or waiver of chapter.

§ 7114. Modification or waiver of chapter. (a) Except as otherwise provided in this section, any provision in a lease or other agreement which waives or modifies any provision of this chapter shall be void and unenforceable as against public policy. An owner and tenant may, however, agree to a modification or waiver of some or all of the protections afforded to the tenant pursuant to this chapter; provided, however:  (1) The modification or waiver is encompassed in a written contract which is separate from the lease; (2) The modification or waiver is voluntarily entered into without duress; (3) The modification or waiver is entered into with full understanding of this chapter, the terms of any contract to which the modification or waiver applies, and the modification or waiver itself; (4) The modification or waiver is for adequate consideration. (b) In any action involving a modification or waiver, the owner shall have the burden of proof to establish that the requirements of this chapter and of this section have been met. 64 Del. Laws, c. 14, §  2;
26 DE Code § 1002. (2021)
2021 Delaware Code|Title 26 - Public Utilities|Chapter 10. Electric Utility Restructuring|§ 1002. Standards for electric utility restructuring.

§ 1002. Standards for electric utility restructuring. The General Assembly declares that the following interdependent standards shall govern the Commission's review and approval of each public utility's restructuring plan, oversight of the transition process and regulation of the restructured electric utility industry pursuant to this chapter. (1) The reliability of electric service to all customers in this State shall be maintained. (2) On and after the implementation dates set forth in § 1003 of this title, customers shall have the right to choose among electric suppliers. (3) Nothing contained herein shall have the effect of abrogating or amending contracts between public utilities and any of their customers in place on February 1, 1999. (4) On or after May 1, 2006, it is the policy of the State that electric distribution companies subject to the oversight of the Commission and as part of their obligation to be standard offer service suppliers shall engage in integrated resource planning for the purpose of evaluating and diversifying their electric supply options, efficiently and at the lowest cost to their customers.72 Del. Laws, c. 10, §  3;  75 Del. Laws, c. 242, §  3;
26 DE Code § 1003. (2021)
2021 Delaware Code|Title 26 - Public Utilities|Chapter 10. Electric Utility Restructuring|§ 1003. Retail competition.

§ 1003. Retail competition.  General rule. — Except as otherwise expressly provided for in this chapter, on and after May 1, 2006, the generation, supply and sale of electricity, including all related facilities and assets, used to serve standard offer service and returning customer service, shall be treated as a public utility service or function. Customers of electric distribution companies in this State shall continue to have the opportunity, but not the obligation, to purchase electricity from their choice of electric suppliers as expressly provided for in this chapter. 72 Del. Laws, c. 10, §  3;  75 Del. Laws, c. 242, §  4;
26 DE Code § 1004. (2021)
2021 Delaware Code|Title 26 - Public Utilities|Chapter 10. Electric Utility Restructuring|§ 1004. Transition period.

§ 1004. Transition period. (a) The transition period for DP&L shall begin on October 1, 1999, and shall end on September 30, 2002, for nonresidential customers and shall begin on October 1, 1999, and end on September 30, 2003, for residential customers. (b) The transition period for DEC shall begin on April 1, 2000, and shall end on March 31, 2005, for all customers. 72 Del. Laws, c. 10, §  3;
26 DE Code § 1005. (2021)
2021 Delaware Code|Title 26 - Public Utilities|Chapter 10. Electric Utility Restructuring|§ 1005. Restructuring plan.

§ 1005. Restructuring plan. (a) Restructuring plan for DP&L. — (1) Filing and contents of plan. — On or before April 15, 1999, DP&L shall file with the Commission a detailed plan for implementing retail competition in DP&L's commission-designated service territory. Such plan shall include:  a. Separate prices or rates for electric supply, transmission, distribution and other services (which may later be combined for billing purposes); b. Procedures for providing direct access for all electric suppliers; c. Revised tariffs and rate schedules; d. An optional residential time of use rate with three daily time of use periods to be available for any residential customer who elects such a rate structure; and e. Standards for reliability sufficient to measure variations in service reliability after the implementation of retail competition. (2) Commission review of plan. — The Commission shall review DP&L's restructuring plan and, after an evidentiary proceeding, issue an order by August 31, 1999, adopting the plan as filed or modifying the plan as appropriate. (b) Restructuring plan for DEC. — (1) Filing and contents of plan. — On or before September 15, 1999, DEC shall file with the Commission a detailed plan for implementing retail competition in DEC's Commission-designated service territory. Such plan shall include:  a. Separate prices or rates for electric supply, transmission, distribution and other services (which may later be combined for billing purposes);  b. Procedures for providing direct access for all electric suppliers;  c. Revised tariffs and rate schedules;  d. DEC's proposed competitive transition charge, including the proposed method, recovery plan and determination of DEC's stranded and transition costs, as such terms are defined in [former] § 1007 of this title; and e. Standards for reliability sufficient to measure variations in service reliability after implementation of retail competition. (2) Commission review of plan. — The Commission shall review DEC's restructuring plan and, after an evidentiary proceeding, issue an order by February 28, 2000, adopting the plan as filed or modifying the plan as appropriate.72 Del. Laws, c. 10, §  3;
26 DE Code § 1008. (2021)
2021 Delaware Code|Title 26 - Public Utilities|Chapter 10. Electric Utility Restructuring|§ 1008. Duties of electric distribution companies.

§ 1008. Duties of electric distribution companies. (a) Each electric distribution company shall maintain its facilities and provide products and services which are safe, efficient, sufficient, adequate, and reliable. Each electric distribution company shall implement procedures to require all electric suppliers to deliver energy to the electric distribution company at locations and in amounts which are adequate to meet each supplier's obligations to its customers. (b) (1) The Commission is hereby granted the authority to require DP&L subject to its jurisdiction to develop and implement demand-side management programs designed to reduce overall electricity consumption by its customers and/or to reduce usage by customers during peak periods, such as time of use rates, advanced metering infrastructure, central air-conditioning and hot water heating cycling off and on programs, interruptible rates, etc. However, in no such instance shall electric distribution companies subject to the Commission's jurisdiction be authorized to implement peak time billing. Upon development of such demand-side management program or programs, DP&L shall file such program or programs with the Commission for the Commission's review and approval. a. The costs that DP&L incurs in developing and implementing their demand-side management programs, as well as the costs incurred by DP&L in administering all demand-side management programs approved for implementation by the Commission, shall be included and recovered in DP&L's distribution rates. b. By June 5, 2006, the Commission shall open a docket to evaluate the desirability, feasibility and cost effectiveness of requiring advanced metering technology, including time of use metering to be utilized throughout or selectively in the service territories of DP&L. The Commission may require that such a technology be deployed in a cost effective manner after such evaluation has been made and hearings have been held. As part of the evaluation, the Commission shall review all customer pricing implications of any particular metering technology investigated. The Commission shall not authorize such technology to be deployed in a manner that permits 30-day peak demand billing except as approved by the General Assembly. c. The Commission shall have the authority to promulgate any rules and regulations it deems necessary to accomplish the development and implementation of demand-side management programs by DP&L. (2) DEC shall, at a minimum, maintain its current efforts in providing demand-side management programs. DEC shall report on its demand-side management efforts to the Public Service Commission, Controller General and Director of the Office of Management and Budget by January 31, 2007, and January 31 of each subsequent year thereafter.72 Del. Laws, c. 10, §  3;  74 Del. Laws, c. 73, §  3;  75 Del. Laws, c. 242, §  7;
26 DE Code § 1009. (2021)
2021 Delaware Code|Title 26 - Public Utilities|Chapter 10. Electric Utility Restructuring|§ 1009. Reciprocity.

§ 1009. Reciprocity. Notwithstanding any other provision of this chapter, unless an electric utility, including a municipally-owned electric utility or a municipal electric company, has implemented a restructuring plan that provides for retail competition in its Delaware service territory, such electric utility may not use the transmission or distribution facilities of a nonaffiliated electric utility to make sales to customers in such nonaffiliated electric utility's Delaware service territory; nor shall such electric utility own or receive, directly or indirectly, any economic interest in any entity which uses the transmission or distribution facilities of a nonaffiliated electric utility to make sales to customers in such nonaffiliated electric utility's Delaware service territory. 72 Del. Laws, c. 10, §  3;