reglab/housing_qa huggingface dataset:
31 DE Code § 4321. (2021)
2021 Delaware Code|Title 31 - Welfare|Chapter 43. Housing Authority|§ 4321. Authority to invest in bonds or other obligations of housing authorities.

§ 4321. Authority to invest in bonds or other obligations of housing authorities. The State and all public officers, municipal corporations, political subdivisions, and public bodies, all banks, bankers, trust companies, savings banks and institutions, building and loan associations, savings and loan associations, investment companies, and other persons carrying on a banking business, all insurance companies, insurance associations and other persons carrying on an insurance business, and all executors, administrators, guardians, trustees and other fiduciaries may legally invest any sinking funds, moneys or other funds belonging to them or within their control in any bonds or other obligations issued by a housing authority established pursuant to this chapter or issued by any public housing authority or agency in the United States, when such bonds or other obligations are secured by a pledge of annual contributions to be paid by the United States government, or any agency thereof, and such bonds and other obligations shall be authorized security for all public deposits and fully negotiable in this State. It is the purpose of this section to authorize any persons, firms corporations, associations, political subdivisions, bodies and officers, public or private, to use any funds owned or controlled by them, including (but not limited to) sinking, insurance, investment, retirement, compensation, pension and trust funds, and funds held on deposit, for the purchase of any such bonds or other obligations and that such bonds or other obligations shall be security for public deposits and negotiable in this State. Nothing contained in this section shall be construed as relieving any person, firm or corporation from any duty of exercising reasonable care in selecting securities. 44 Del. Laws, c. 186, §  1;  31 Del. C. 1953, §  4322;
31 DE Code § 4323. (2021)
2021 Delaware Code|Title 31 - Welfare|Chapter 43. Housing Authority|§ 4323. Inspection of housing projects located within the City of Wilmington.

§ 4323. Inspection of housing projects located within the City of Wilmington. (a) Every dwelling, apartment or other living accommodation owned or managed by the Wilmington Housing Authority and located within the City of Wilmington shall be subject to the comprehensive development plan, including the housing component thereof, and the planning, zoning, sanitary and building laws, ordinances and regulations of the City of Wilmington. (b) No dwelling, apartment or other living accommodation owned or managed by the Wilmington Housing Authority and located within the City of Wilmington shall be given a Certificate of Occupancy after January 1, 2000, until such property has been determined to be in compliance with the applicable codes, ordinances and regulations of the City of Wilmington as determined by the Department of Licensing and Inspection. 72 Del. Laws, c. 406, §  1;
31 DE Code § 4400. (2021)
2021 Delaware Code|Title 31 - Welfare|Chapter 44. Custodianship|§ 4400. Petition for custodianship.

§ 4400. Petition for custodianship. For any Delaware State Housing Authority financed housing development, as defined by § 4001(15) of this title, the Delaware State Housing Authority may petition for the establishment of a custodianship with the Court of Chancery upon the grounds that there has existed for 5 days or more after notice to the landlord and owner:  (1) A lack of heat, lack of running water, lack of light, lack of electricity or lack of adequate sewage facilities and the rental agreement or any state or local statute, code, regulation or ordinance places a duty upon the landlord to so provide; (2) Unsound financial condition or conditions, such that operational needs are not being met, due to mismanagement and/or malfeasance or the transaction of business without proper authority in violation of Chapter 40 of this title, and/or the rules and regulations of the Delaware State Housing Authority; or (3) Any other condition or conditions imminently dangerous to the life, health or safety of the tenants.75 Del. Laws, c. 121, §  1;
31 DE Code § 4401. (2021)
2021 Delaware Code|Title 31 - Welfare|Chapter 44. Custodianship|§ 4401. Parties.

§ 4401. Parties. (a) In a proceeding brought pursuant to § 4400 of this title, the Delaware State Housing Authority shall join as defendants:  (1) The record owner or owners at the time of the filing of the petition and/or such owner's heirs, executors, administrators or successors as existing at the time petition is filled; and (2) Persons having an equitable or legal interest of record at the time the petition filed, including an interest to a judicial sale or a statutory sale pursuant to § 8771 et seq. of Title 9. (b) Lien holders as persons whose real or equitable interests in the housing development may be adversely affected by a petition pursuant to this chapter shall not be deemed to be necessary parties and shall not be required to be joined as a defendants. Notice in writing, however, shall be given to the above classes of persons in the manner prescribed from time to time by the Rules of Civil Procedure of the Court of Chancery for the State. (c) The Chancery Court may make all necessary rules respecting the form of process, the manner of issuance and return thereof, modes of proof and the manner of notice to persons having an interest in the housing development which relate to the custodian proceedings. 75 Del. Laws, c. 121, §  1;
31 DE Code § 4402. (2021)
2021 Delaware Code|Title 31 - Welfare|Chapter 44. Custodianship|§ 4402. Defenses.

§ 4402. Defenses. It shall be a sufficient defense to this proceeding if any defendant of record establishes that:  (1) The condition or conditions described in the petition do not exist at the time of the hearing; (2) The condition or conditions alleged in the petition have been caused by the negligent acts of 1 or more of the tenants or members of tenants' families, or by persons on the premises with his, her or their consent; or (3) Such condition or conditions would have been corrected, were it not for the refusal by tenant or tenants to allow reasonable access to the property in order for the landlord and/or the landlord's agent to take timely corrective action.75 Del. Laws, c. 121, §  1;  70 Del. Laws, c. 186, §  1;
31 DE Code § 4403. (2021)
2021 Delaware Code|Title 31 - Welfare|Chapter 44. Custodianship|§ 4403. Stay of judgment by defendant.

§ 4403. Stay of judgment by defendant. (a) Upon filing with the Court of Chancery, the matter shall be expedited pursuant to the process established by the Chancery Court Rules of Civil Procedure. If, after the hearing, the Court determines that the petition should be granted, the Court shall immediately enter an order thereon and appoint a custodian as authorized herein; provided however, prior to the entry of an order and appointment of a custodian, the owner or any mortgagee or the lien or 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 petitioner, 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 custodian as authorized herein. (2) Such order shall direct the custodian 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 order shall direct the custodian 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 order shall direct the custodian to return the excess to the person posting the security.75 Del. Laws, c. 121, §  1;
31 DE Code § 4404. (2021)
2021 Delaware Code|Title 31 - Welfare|Chapter 44. Custodianship|§ 4404. Custodianship procedures.

§ 4404. Custodianship procedures. (a) The Court shall appoint a custodian qualified to carry out the responsibilities of this chapter and such custodian may be the Delaware State Housing Authority, or its successor agency, by agreement of all parties of interest pursuant to subsection (b) of this section, or otherwise by order of the Court. (b) (1) Upon its appointment, the custodian shall make within 15 days an independent finding and recommendation to the Court as to 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 in § 4400 of this title and found by the Court to exist. (2) If the custodian makes such a finding and recommendation to the Court and the Court adopts the custodian's recommendation, the custodian shall file a copy of the Court's order 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 custodian shall file a certification of such with the Court and the recorder of deeds of the appropriate county, and this filing shall release the aforesaid lien. (4) The custodian shall forthwith give notice to all lien-holders of record. (5) If the custodian shall make a finding at such time or any other time that for any reason the appointment of the custodian may not be appropriate and/or is no longer necessary, it shall make application to the Court for discharge after notice to all interested parties and, if so ordered, shall make legal distribution of any funds in its possession, including the return of any security posted pursuant to this chapter.75 Del. Laws, c. 121, §  1;
31 DE Code § 4405. (2021)
2021 Delaware Code|Title 31 - Welfare|Chapter 44. Custodianship|§ 4405. Powers and duties of custodian.

§ 4405. Powers and duties of custodian. The custodian shall have all the powers and duties accorded a custodian foreclosing a mortgage on real property, and all other powers and duties deemed necessary by the Court. Such powers and duties shall include, but are not necessarily limited to, collecting and using all rents and profits of the property, prior to and despite any assignment of rent, for the purposes of:  (1) Correcting the condition or conditions alleged in the petition; (2) Materially complying with all applicable provisions of any federal, state, 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 custodian and any agent the custodian should hire; (4) Paying the costs of the custodianship proceeding; and (5) In accordance with the Delaware Landlord Tenant Code [Chapter 51 et seq. of Title 25], compensating the tenants for whatever deprivation of their rental agreement rights resulted from the condition or conditions alleged in the petition.75 Del. Laws, c. 121, §  1;  70 Del. Laws, c. 186, §  1;
31 DE Code § 4406. (2021)
2021 Delaware Code|Title 31 - Welfare|Chapter 44. Custodianship|§ 4406. Discharge of custodian; costs.

§ 4406. Discharge of custodian; costs. (a) In addition to those situations described in § 4404 of this title, the custodian may also be discharged when:  (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; and (4) The surplus money, if any, has been paid over to the owner. (b) Upon paragraphs (a)(1) and (2) of this section being satisfied, the owner, mortgagee or any lien or may apply for the discharge of the custodian after paying to the custodian all moneys expended by the custodian 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 paragraphs (a)(1) and (2) of this section, the Court may discharge the custodian 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 development within a specified time. 75 Del. Laws, c. 121, §  1;
31 DE Code § 4503. (2021)
2021 Delaware Code|Title 31 - Welfare|Chapter 45. Slum Clearance and Redevelopment Authority Law|§ 4503. Creation of slum clearance and redevelopment authority.

§ 4503. Creation of slum clearance and redevelopment authority. There is created in each community (as defined in § 4501 of this title) a public body corporate and politic, to be known as the “slum clearance and redevelopment authority” of the community. Such authority shall not transact any business or exercise its powers under this chapter until or unless the governing body shall approve (by resolution, as provided in this chapter) the exercise in such community of the powers, functions and duties of an authority under this chapter. If it deems such action to be in the public interest, the governing body may, instead of such resolution, adopt a resolution approving the exercise of such powers, functions and duties by the community itself or by a housing authority, and in such event, the community or housing authority, as the case may be, shall be vested with all the powers, functions, rights, duties and privileges of a slum clearance and redevelopment authority under this chapter. 48 Del. Laws, c. 345, §  4;  31 Del. C. 1953, §  4503;
31 DE Code § 4504. (2021)
2021 Delaware Code|Title 31 - Welfare|Chapter 45. Slum Clearance and Redevelopment Authority Law|§ 4504. Resolutions.

§ 4504. Resolutions. The governing body of a community shall not adopt a resolution pursuant to § 4503 of this title unless it finds that:  (1) One or more slum or blighted areas (as defined in § 4501 of this title) exist in such community; and (2) The redevelopment of such area or areas is necessary in the interest of the public health, safety, morals or welfare of the residents of such community.48 Del. Laws, c. 345, §  4;  31 Del. C. 1953, §  4504;
31 DE Code § 4505. (2021)
2021 Delaware Code|Title 31 - Welfare|Chapter 45. Slum Clearance and Redevelopment Authority Law|§ 4505. Regional slum clearance and redevelopment authority.

§ 4505. Regional slum clearance and redevelopment authority. If the governing body of each of 2 or more communities declares, by resolution, that there is a need for 1 slum clearance and redevelopment authority to be created for all of such communities, and has made the findings required by § 4504 of this title, a public body, corporate and politic, to be known as a regional slum clearance and redevelopment authority (herein referred to as regional authority or authority) shall thereupon exist for all of such communities and may exercise the powers and other functions of an authority under this chapter in such communities. 48 Del. Laws, c. 345, §  4;  31 Del. C. 1953, §  4505;
31 DE Code § 4506. (2021)
2021 Delaware Code|Title 31 - Welfare|Chapter 45. Slum Clearance and Redevelopment Authority Law|§ 4506. Area of operation of regional authority.

§ 4506. Area of operation of regional authority. The area of operation of a regional authority shall be increased from time to time to include 1 or more additional communities if the governing body of each of such additional communities adopts the resolution described in § 4505 of this title and makes the findings required by § 4504 of this title, and the commissioners of the regional authority consent to the inclusion within its area of operation of such additional communities. 48 Del. Laws, c. 345, §  4;  31 Del. C. 1953, §  4506;
31 DE Code § 4507. (2021)
2021 Delaware Code|Title 31 - Welfare|Chapter 45. Slum Clearance and Redevelopment Authority Law|§ 4507. Board of commissioners; number; tenure of office; vacancies.

§ 4507. Board of commissioners; number; tenure of office; vacancies. When the governing body of a municipality adopts a resolution as provided in this chapter, it shall promptly notify the mayor of such adoption. If the resolution adopted is one approving the exercise of powers hereunder by a slum clearance and redevelopment authority, the mayor, by and with the advice and consent of the governing body, shall appoint a board of commissioners of the authority created for such municipality which shall consist of 5 commissioners, and when the governing body of a county adopts such a resolution, the body shall appoint a board of commissioners of the authority created for such county which shall consist of 5 commissioners. The commissioners who are first appointed pursuant to this chapter shall be designated to serve for terms of 1, 2, 3, 4 and 5 years, respectively, from the date of their appointment, but thereafter commissioners shall be appointed as aforesaid for a term of office of 5 years, except that all vacancies shall be filled for the unexpired term. 48 Del. Laws, c. 345, §  4;  31 Del. C. 1953, §  4507;
31 DE Code § 4508. (2021)
2021 Delaware Code|Title 31 - Welfare|Chapter 45. Slum Clearance and Redevelopment Authority Law|§ 4508. Appointment of commissioners for each additional community; tenure.

§ 4508. Appointment of commissioners for each additional community; tenure. If a regional authority is created as provided in this chapter, 1 person shall be appointed as a commissioner of such authority for each community for which such authority is created. When the area of operation of a regional authority is increased to include an additional community or communities as provided in this chapter, 1 additional person shall be appointed as a commissioner of such authority for each such additional community. Each such commissioner appointed for a municipality shall be appointed by the mayor thereof, by and with the advice and consent of the governing body, and each such commissioner appointed for a county shall be appointed by the governing body thereof. The first appointment of commissioners of a regional authority may be made at or after the time of the adoption of the resolution declaring the need for such authority or declaring the need for the inclusion of such community in the area of operation of such authority. The commissioners of a regional authority and their successors shall be appointed as aforesaid for terms of 5 years except that all vacancies shall be filled for the unexpired terms. 48 Del. Laws, c. 345, §  4;  31 Del. C. 1953, §  4508;
31 DE Code § 4509. (2021)
2021 Delaware Code|Title 31 - Welfare|Chapter 45. Slum Clearance and Redevelopment Authority Law|§ 4509. Odd and even number of communities; tenure; certificate of appointment as evidence.

§ 4509. Odd and even number of communities; tenure; certificate of appointment as evidence. If the area of operation of a regional authority consists at any time of an even number of communities, the commissioners of the regional authority already appointed in the manner described in this chapter shall appoint 1 additional commissioner whose term of office shall be as provided for a commissioner of a regional authority, except that such term shall end at any earlier time that the area of operation of the regional authority shall be changed to consist of an odd number of communities. The commissioners of such authority already appointed in the manner described in this chapter shall likewise appoint each person to succeed such additional commissioner. The term of office of such person begins during the terms of office of the commissioners appointing such person. A certificate of the appointment of any such additional commissioner of such regional authority shall be filed with the other records of the regional authority and shall be conclusive evidence of the due and proper appointment of such additional commissioner. 48 Del. Laws, c. 345, §  4;  31 Del. C. 1953, §  4509;  70 Del. Laws, c. 186, §  1;
31 DE Code § 4510. (2021)
2021 Delaware Code|Title 31 - Welfare|Chapter 45. Slum Clearance and Redevelopment Authority Law|§ 4510. Compensation; traveling expenses; certificate of appointment filed with municipal or county clerk; evidence.

§ 4510. Compensation; traveling expenses; certificate of appointment filed with municipal or county clerk; evidence. A commissioner of an authority shall receive no compensation for services, but shall be entitled to the necessary expenses, including traveling expenses, incurred in the discharge of the commissioner's duties. Each commissioner shall hold office until a successor has been appointed and has qualified. A certificate of the appointment or reappointment of any commissioner shall be filed with the municipal or county clerk, as the case may be, and such certificate shall be conclusive evidence of the due and proper appointment of such commissioner. 48 Del. Laws, c. 345, §  4;  31 Del. C. 1953, §  4510;  70 Del. Laws, c. 186, §  1;
31 DE Code § 4511. (2021)
2021 Delaware Code|Title 31 - Welfare|Chapter 45. Slum Clearance and Redevelopment Authority Law|§ 4511. Power of authority; quorum; meetings; qualifications for appointment as commissioner.

§ 4511. Power of authority; quorum; meetings; qualifications for appointment as commissioner. The powers under this chapter vested in each slum clearance and redevelopment authority shall be exercised by the board of commissioners thereof. A majority of the commissioners shall constitute a quorum of such board for the purpose of conducting business and exercising the powers of the authority and for all other purposes. Action may be taken by the board upon a vote of a majority of the commissioners present, unless in any case the bylaws of the authority shall require a larger number. Meetings of the board of an authority may be held anywhere within the perimeter boundaries of the area of operation of the authority. Any persons may be appointed as commissioners of the authority if they reside within such area and are otherwise eligible for such appointments under this chapter. 48 Del. Laws, c. 345, §  4;  31 Del. C. 1953, §  4511;