reglab/housing_qa huggingface dataset:
25 DE Code § 7050. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 70. Manufactured Homes and Manufactured Home Communities Act|Subchapter VI. Rent Increase Justification|§ 7050. Purpose [For application of this section, see 79 Del. Laws, c. 304, § 7].

§ 7050. Purpose [For application of this section, see 79 Del. Laws, c. 304, § 7]. Manufactured housing has become a vital source of affordable housing in Delaware, particularly as a homeownership opportunity for low-income households who otherwise would likely not be able to move into homeownership. In recent years, Delaware has experienced a difficult economic climate which has resulted in a crisis in affordable housing availability. Additionally, manufactured homeowners make substantial and sizeable investments in their manufactured homes. Once a manufactured home is situated on a manufactured housing community site, the difficulty and cost of moving the home gives the community owner disproportionate power in establishing rental rates. The continuing possibility of unreasonable space rental increases in manufactured home communities threatens to diminish the value of manufactured homeowners' investments. Through this subchapter, the General Assembly seeks to protect the substantial investment made by manufactured homeowners, and enable the State to benefit from the availability of affordable housing for lower-income citizens, without the need for additional state funding. The General Assembly also recognizes the property and other rights of manufactured home community owners, and seeks to provide manufactured home community owners with a fair return on their investment. Therefore, the purpose of this subchapter is to accommodate the conflicting interests of protecting manufactured homeowners, residents, and tenants from unreasonable and burdensome space rental increases while simultaneously providing for the need of manufactured home community owners to receive a just, reasonable, and fair return on their property. 79 Del. Laws, c. 63, §  1;  82 Del. Laws, c. 38, § 40;
25 DE Code § 7051. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 70. Manufactured Homes and Manufactured Home Communities Act|Subchapter VI. Rent Increase Justification|§ 7051. Rent increase; notice.

§ 7051. Rent increase; notice. A landlord may not increase a tenant's lot rent more than once during any 12-month period, regardless of the term of the tenancy or the term of the rental agreement. 82 Del. Laws, c. 38, § 41;
25 DE Code § 7054. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 70. Manufactured Homes and Manufactured Home Communities Act|Subchapter VI. Rent Increase Justification|§ 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 within 30 days of the date of issuance of the arbitrator's decision. The appeal shall be to the Superior Court in the county of the affected community. The appeal shall be on the record and the Court shall address written and/or oral arguments of the parties as to whether the record created in the arbitration is sufficient justification for the arbitrator's decisions and whether those decisions are free from legal error. 79 Del. Laws, c. 63, §  1;  79 Del. Laws, c. 304, §  5;  80 Del. Laws, c. 229, § 2;  82 Del. Laws, c. 38, § 44;
25 DE Code § 7055. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 70. Manufactured Homes and Manufactured Home Communities Act|Subchapter VI. Rent Increase Justification|§ 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 unauthorized increase and rebate the unauthorized rent collected to the homeowners with interest. The Department of Justice shall have authority over this section. 79 Del. Laws, c. 63, §  1;  82 Del. Laws, c. 38, § 45;
25 DE Code § 7056. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 70. Manufactured Homes and Manufactured Home Communities Act|Subchapter VI. Rent Increase Justification|§ 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 homeowner has a deed subject to lease recorded with the recorder of deeds, has a long-term lease of at least 40 years' duration where the lease includes specific rent increases, and wherein each home is of modular construction. 79 Del. Laws, c. 63, §  1;  82 Del. Laws, c. 38, § 46;
25 DE Code § 7061. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 70. Manufactured Homes and Manufactured Home Communities Act|Subchapter VII. Tenant’s Receivership|§ 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 or local statute, code, regulation, or ordinance places a duty upon the landlord to so provide, a lack of heat, or of running water, or of light, or of electricity, or of adequate sewage facilities. (2) Any other conditions imminently dangerous to the life, health, or safety of the tenant.66 Del. Laws, c. 268, §  2;  82 Del. Laws, c. 38, § 48;
25 DE Code § 7062. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 70. Manufactured Homes and Manufactured Home Communities Act|Subchapter VII. Tenant’s Receivership|§ 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 being protected in this proceeding. (b) Petitioners shall not be prejudiced by a failure to join any other interested parties. 66 Del. Laws, c. 268, §  2;  82 Del. Laws, c. 38, § 49;
25 DE Code § 7063. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 70. Manufactured Homes and Manufactured Home Communities Act|Subchapter VII. Tenant’s Receivership|§ 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 grossly negligent acts of 1 or more of the petitioning tenants or members of a petitioning tenant's family or by persons on the premises with the consent of a petitioning tenant. (3) Such condition or conditions would have been corrected, were it not for the refusal by any petitioner to allow reasonable access.66 Del. Laws, c. 268, §  2;  82 Del. Laws, c. 38, § 50;
25 DE Code § 7064. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 70. Manufactured Homes and Manufactured Home Communities Act|Subchapter VII. Tenant’s Receivership|§ 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 the lienor of record or other person having an interest in the property may apply to the court to be permitted to remove or remedy the conditions specified in the petition. If such person demonstrates the ability to perform promptly the necessary work and posts security for the performance thereof within the time, and in the amount and manner, deemed necessary by the court, then the court may stay judgment and issue an order permitting such person to perform the work within a time fixed by the court and requiring such person to report to the court periodically on the progress of the work. The court shall retain jurisdiction over the matter until the work is completed. (b) If, after the issuance of an order under subsection (a) of this section, but before the time fixed in such order for the completion of the work prescribed therein, there is reason to believe that the work will not be completed pursuant to the court's order or that the person permitted to do the same is not proceeding with due diligence, the court or the petitioners, upon notice to all parties to the proceeding, may move that a hearing be held to determine whether judgment should be rendered immediately as provided in subsection (c) of this section. (c) (1) If, upon a hearing authorized in subsection (b) of this section, the court shall determine that such party is not proceeding with due diligence, or upon the actual failure of such person to complete the work in accordance with the provisions of the order, the court shall appoint a receiver as authorized herein. (2) Such judgment shall direct the receiver to apply the security posted to executing the powers and duties as described herein. (3) In the event that the amount of such security should be insufficient to accomplish the above objectives, such judgment shall direct the receiver to collect the rents, profits and issues to the extent of the deficiency. In the event that the security should exceed the amount necessary to accomplish the above objectives, such judgment shall direct the receiver to return the excess to the person posting the security.66 Del. Laws, c. 268, §  2;  82 Del. Laws, c. 38, § 51;
25 DE Code § 7065. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 70. Manufactured Homes and Manufactured Home Communities Act|Subchapter VII. Tenant’s Receivership|§ 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 for the employment of a private contractor to correct the condition complained of under § 7061 of this title and found by the court to exist. (2) If the receiver shall make such a finding, it shall file a copy of the finding with the Recorder of Deeds of the county where the property lies and it shall be a lien on that property where the violation complained of exists. (3) Upon completion of the aforesaid contractual work and full payment to the contractor, the receiver shall file a certification of such with the Recorder of Deeds of the appropriate county, and this filing shall release the aforesaid lien. (4) The receiver shall forthwith give notice to all lienholders of record. (5) If the receiver shall make a finding at such time or any other time that for any reason the appointment of the receiver is not appropriate, it shall be discharged upon notification to the court and all interested parties, and shall make legal distribution of any funds in its possession.66 Del. Laws, c. 268, §  2;  69 Del. Laws, c. 291, §  98(c);  82 Del. Laws, c. 38, § 52;
25 DE Code § 7066. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 70. Manufactured Homes and Manufactured Home Communities Act|Subchapter VII. Tenant’s Receivership|§ 7066. Powers and duties of receiver.

§ 7066. Powers and duties of receiver. The receiver shall have all the powers and duties accorded a receiver foreclosing a mortgage on real property, and all other powers and duties deemed necessary by the court. Such powers and duties include collecting and using all rents and profits of the property, prior to and despite any assignment of rent, for any of the following purposes:  (1) Correcting the condition or conditions alleged in the petition. (2) Materially complying with all applicable provisions of any state or local statute, code, regulation, or ordinance governing the maintenance, construction, use, or appearance of the surrounding grounds. (3) Paying all expenses reasonably necessary for the proper operation and management of the property including insurance, mortgage payments, taxes and assessments, and fees for the services of the receiver and any agent the receiver hires. (4) Compensating the tenants for whatever deprivation of their rental agreement rights resulted from the condition or conditions alleged in the petition. (5) Paying the costs of the receivership proceeding.66 Del. Laws, c. 268, §  2;  70 Del. Laws, c. 186, §  1;  82 Del. Laws, c. 38, § 53;
25 DE Code § 7067. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 70. Manufactured Homes and Manufactured Home Communities Act|Subchapter VII. Tenant’s Receivership|§ 7067. Discharge of receiver; costs.

§ 7067. Discharge of receiver; costs. (a) In addition to those situations described under § 7065 of this title, the receiver may also be discharged when all of the following have occurred:  (1) The condition or conditions alleged in the petition have been remedied. (2) The property materially complies with all applicable provisions of any state or local statute, code, regulation, or ordinance governing the maintenance, construction, use, or appearance of the surrounding grounds. (3) The costs of the above work and any other costs as authorized herein have been paid or reimbursed from the rents and profits of the property. (4) The surplus money, if any, has been paid over to the owner. (b) Upon subsections (a)(1) and (a)(2) of this section being satisfied, the owner, mortgagee, or any lienor may apply for the discharge of the receiver after paying to the latter all moneys expended by that receiver and all other costs which have not been paid or reimbursed from the rents and profits of the property. (c) If the court determines that future profits of the property will not cover the cost of satisfying subsections (a)(1) and (a)(2) of this section, the court may discharge the receiver and order such action as would be appropriate in the situation, including but not limited to terminating the rental agreement; and may order the vacation of the mobile home park within a specified time. In no case shall the court permit repairs which cannot be paid out of the future profits of the property. 66 Del. Laws, c. 268, §  2;  70 Del. Laws, c. 186, §  1;  82 Del. Laws, c. 38, § 54;
25 DE Code § 81-101. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 81. Delaware Uniform Common Interest Ownership Act|Subchapter I. General Provisions|§ 81-101. Short title.

§ 81-101. Short title. This chapter shall be known and may be cited as the “Delaware Uniform Common Interest Ownership Act” or “DUCIOA”. 76 Del. Laws, c. 422, §  2;  77 Del. Laws, c. 91, §  82;
25 DE Code § 81-102. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 81. Delaware Uniform Common Interest Ownership Act|Subchapter I. General Provisions|§ 81-102. Applicability.

§ 81-102. Applicability. Applicability of this chapter is governed by this subchapter I. 76 Del. Laws, c. 422, §  2;  77 Del. Laws, c. 4, §  1;  77 Del. Laws, c. 91, §  82;
25 DE Code § 81-104. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 81. Delaware Uniform Common Interest Ownership Act|Subchapter I. General Provisions|§ 81-104. Variation by agreement.

§ 81-104. Variation by agreement. Except as expressly provided in this chapter, the effect of its provisions may not be varied by agreement, and rights conferred by it may not be waived. Except as provided in § 81-122 of this title, a declarant may not act under a power of attorney, or use any other device, for the purpose of evading the limitations or prohibitions of this chapter or the declaration. 76 Del. Laws, c. 422, §  2;  77 Del. Laws, c. 91, §§  11, 82;
25 DE Code § 81-105. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 81. Delaware Uniform Common Interest Ownership Act|Subchapter I. General Provisions|§ 81-105. Separate titles and taxation.

§ 81-105. Separate titles and taxation. (a) In a cooperative, unless the declaration provides that a unit owner's interest in a unit and its allocated interests is real estate for all purposes, that interest is personal property. That interest is subject to the provisions of homestead exemptions, even if it is personal property. (b) In a condominium or planned community:  (1) If there is any unit owner other than a declarant, each unit that has been created, together with its interest in the common elements, constitutes for all purposes a separate parcel of real estate. (2) If there is any unit owner other than a declarant, each unit must be separately taxed and assessed, and no separate tax or assessment may be rendered against any common elements for which a declarant has reserved no development rights. (c) Any portion of the common elements for which the declarant has reserved any development right must be separately taxed and assessed against the declarant, and the declarant alone is liable for payment of those taxes. (d) If there is no unit owner other than a declarant, the real estate comprising the common interest community may be taxed and assessed in any manner provided by law. 76 Del. Laws, c. 422, §  2;  77 Del. Laws, c. 91, §  82;
25 DE Code § 81-106. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 81. Delaware Uniform Common Interest Ownership Act|Subchapter I. General Provisions|§ 81-106. Applicability of local ordinances, regulations, and building codes.

§ 81-106. Applicability of local ordinances, regulations, and building codes. (a) A building code may not impose any requirement upon any structure in a common interest community which it would not impose upon a physically identical development under a different form of ownership. (b) In condominiums and cooperatives, no zoning, subdivision, or other real estate use law, ordinance, or regulation may prohibit the condominium or cooperative form of ownership or impose any requirement upon a condominium or cooperative which it would not impose upon a physically identical development under a different form of ownership. (c) Except as provided in subsections (a) and (b) of this section, the provisions of this chapter do not invalidate any provision of any building code, zoning, subdivision, or other real estate use law, ordinance, rule, or regulation governing the use of real estate. Without limiting the generality of the foregoing, any preexisting common interest community or approved common interest community located in any political subdivision of this State shall continue to be governed by the building code, zoning, subdivision, or other real estate use law, ordinance, rule, or regulation, including appendices of such political subdivision, which are applicable to a preexisting common interest community or approved common interest community, notwithstanding any contrary provision of this chapter. 76 Del. Laws, c. 422, §  2;  77 Del. Laws, c. 4, §  4;  77 Del. Laws, c. 91, §  82;
25 DE Code § 81-107. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 81. Delaware Uniform Common Interest Ownership Act|Subchapter I. General Provisions|§ 81-107. Eminent domain.

§ 81-107. Eminent domain. (a) If a unit is acquired by eminent domain or part of a unit is acquired by eminent domain leaving the unit owner with a remnant that may not practically or lawfully be used for any purpose permitted by the declaration, the award must include compensation to the unit owner for that unit and its allocated interests, whether or not any common elements are acquired. Upon acquisition, unless the decree otherwise provides, that unit's allocated interests are automatically reallocated to the remaining units in proportion to the respective allocated interests of those units before the taking, and the association shall promptly prepare, execute, and record an amendment to the declaration reflecting the reallocations. Any remnant of a unit remaining after part of a unit is taken under this subsection is thereafter a common element. (b) Except as provided in subsection (a) of this section, if part of a unit is acquired by eminent domain, the award must compensate the unit owner for the reduction in value of the unit and its interest in the common elements, whether or not any common elements are acquired. Upon acquisition, unless the decree otherwise provides: (i) that unit's allocated interests are reduced in proportion to the reduction in the size of the unit, or on any other basis specified in the declaration and (ii) the portion of the allocated interests divested from the partially acquired unit are automatically reallocated to that unit and to the remaining units in proportion to the respective allocated interests of those units before the taking, with the partially-acquired unit participating in the reallocation on the basis of its reduced allocated interests. (c) If part of the common elements is acquired by eminent domain, the portion of the award attributable to the common elements taken must be paid to the association. Unless the declaration provides otherwise, any portion of the award attributable to the acquisition of a limited common element must be equally divided among the owners of the units to which that limited common element was allocated at the time of acquisition. (d) The court decree or order must be recorded in every county in which any portion of the common interest community is located. 76 Del. Laws, c. 422, §  2;  77 Del. Laws, c. 91, §§  12, 82;
25 DE Code § 81-108. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 81. Delaware Uniform Common Interest Ownership Act|Subchapter I. General Provisions|§ 81-108. Supplemental general principles of law applicable.

§ 81-108. Supplemental general principles of law applicable. The principles of law and equity, including the law of corporations and any other form of business organization authorized by law in this State, the law of real property, and the law relative to capacity to contract, principal and agent, eminent domain, estoppel, fraud, misrepresentation, duress, coercion, mistake, receivership, substantial performance, or other validating or invalidating cause supplement the provisions of this chapter, except to the extent inconsistent with this chapter. Without limiting the foregoing, the laws of this State that apply to the association's form of legal entity apply to the association except to the extent that law is inconsistent with this chapter, in which case this chapter governs. 76 Del. Laws, c. 422, §  2;  77 Del. Laws, c. 91, §  82;
25 DE Code § 81-109. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 81. Delaware Uniform Common Interest Ownership Act|Subchapter I. General Provisions|§ 81-109. Construction against implicit repeal.

§ 81-109. Construction against implicit repeal. This chapter being a general act intended as a unified coverage of its subject matter, no part of it shall be construed to be impliedly repealed by subsequent legislation if that construction can reasonably be avoided. 76 Del. Laws, c. 422, §  2;  77 Del. Laws, c. 91, §  82;
25 DE Code § 81-110. (2021)
2021 Delaware Code|Title 25 - Property|Chapter 81. Delaware Uniform Common Interest Ownership Act|Subchapter I. General Provisions|§ 81-110. Uniformity of application and construction.

§ 81-110. Uniformity of application and construction. This chapter shall be applied and construed so as to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it. 76 Del. Laws, c. 422, §  2;  77 Del. Laws, c. 91, §  82;