reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 25 - Property › Chapter 70. Manufactured Homes and Manufactured Home Communities Act › Subchapter IV. Right of First Offer › § 7029. Right of first offer; response required by homeowner association.

§ 7029. Right of first offer; response required by homeowner association.
(a) A homeowner association must respond in writing to the notice of a right of first offer and send the response by overnight service with signature receipt to the community owner or the community owner's agent or attorney within 30 calendar days from the date of the mailing of the notice sent by the community owner to the association or to the Authority. The homeowner association's response must clearly indicate 1 of the following:
(1) The members of the association intend to accept the purchase price and any special conditions material to the transaction for the sale, transfer, or conveyance of the community, as described in the notice of right of first offer.
(2) The members of the association do not accept the price and any special conditions material to the transaction for the sale, transfer, or conveyance of the community, as described in the notice of right of first offer, but that they intend to offer to purchase the community at an alternative price.
(3) The members of the association have no interest in purchasing the community and that they do not intend to proceed any further in the transaction, or, if the members of the association do not respond, they shall be deemed to have notified the community owner that they have no interest in purchasing the community.
(b) If the homeowners association does not respond in material compliance with this section, such failure to respond shall be deemed to serve as notice to the community owner that the homeowners association does not wish to purchase the community.
(c) If the homeowner association responds that it has no interest in purchasing the community, or fails to respond under § 7029, § 7030, § 7031, or § 7032 of this title, the community owner shall file an affidavit of compliance under § 7036 of this title.
(d) Failure of the homeowner association to accept the price and any special conditions material to the transaction for the sale, transfer, or conveyance of the community as stated in the notice of right of first offer; to state an alternative price under § 7030 of this title; or to respond under § 7032 of this title, eliminates the right of the homeowner association to purchase the community during the remainder of the 12-month period that commenced on the date of the community owner's notice of intention to sell, transfer, or convey all or part of the community.
(e) A homeowner association may transfer or assign a right of first offer only to an organization formed or controlled by the homeowners to assist only in the purchase and operation of the community. Therefore, other than the preceding condition in this subsection, a right of first offer is neither transferable nor assignable.
74 Del. Laws, c. 35, §  2;  70 Del. Laws, c. 186, §  1;  76 Del. Laws, c. 336, §  1;  77 Del. Laws, c. 238, §§  2-20;  79 Del. Laws, c. 330, §  1;  82 Del. Laws, c. 38, § 32;
2023 Delaware Code › Title 25 - Property › Chapter 70. Manufactured Homes and Manufactured Home Communities Act › Subchapter IV. Right of First Offer › § 7030. Right of first offer; offer of an alternative price.

§ 7030. Right of first offer; offer of an alternative price.
(a) An alternative offer of price for the sale, transfer, or conveyance of the community from the homeowner association remains valid for 6 months, unless withdrawn by the homeowner association in writing and sent to the community owner by overnight service with signature receipt. If the community is still for sale at the expiration of the initial 6-month alternative offer period, the homeowners association shall have the right to refresh their alternative offer within 7 days of its expiration upon written notice to the community owner. The refreshed offer will be valid for 6 months. The homeowners association shall have the right to refresh their offer every 6 months until the property is sold or 18 months has elapsed from the time notice was provided under § 7027(a) of this title, whichever comes first. The alternative offer and any refreshed alternative offer may be amended at any time upon written notice to the community owner. In the event a community owner decides they no longer want to sell a community after having provided the homeowners association with the notice of first offer, any outstanding alternative offer shall be void. The community owner shall promptly notify the homeowners association of their decision to remove the community from the market.
(b) A notice to withdraw an alternative offer must be approved by the members of the homeowners association. The approval percentage must be stated in the notice to the community owner.
74 Del. Laws, c. 35, §  2;  70 Del. Laws, c. 186, §  1;  76 Del. Laws, c. 336, §  1;  77 Del. Laws, c. 238, §§  2-20;  79 Del. Laws, c. 330, §  1;  82 Del. Laws, c. 38, § 32;
2023 Delaware Code › Title 25 - Property › Chapter 70. Manufactured Homes and Manufactured Home Communities Act › Subchapter IV. Right of First Offer › § 7031. Right of first offer; sale to a third party at a lower price.

§ 7031. Right of first offer; sale to a third party at a lower price.
(a) The community owner may not sell the community to a third party at or less than the price offered in the alternative offer from the homeowner association unless 1 of the following occur:
(1) The offer is withdrawn under § 7030(b) of this title.
(2) The homeowner association is given 30 calendar days to match the lower price and all of the material terms and conditions of the lower offer.
(b) The notice of the right to match the lower third-party offer shall be sent to the homeowner association by overnight service with signature receipt. The notice must state the price and any special conditions material to the transaction for the sale, transfer, or conveyance of the community.
(c) Upon written demand from the homeowner association, the community owner must provide the homeowner association with tangible evidence of the lower offer received within 3 business days of receipt of the written request from the homeowner association by overnight service with signature receipt.
(d) If the homeowner association matches the offer within 30 calendar days of receipt of the notice, the community owner is obligated to move to the next step of the negotiation with the homeowner association under § 7033 of this title.
74 Del. Laws, c. 35, §  2;  70 Del. Laws, c. 186, §  1;  76 Del. Laws, c. 336, §  1;  77 Del. Laws, c. 238, §§  2-20;  79 Del. Laws, c. 330, §  1;  82 Del. Laws, c. 38, § 32;
2023 Delaware Code › Title 25 - Property › Chapter 70. Manufactured Homes and Manufactured Home Communities Act › Subchapter IV. Right of First Offer › § 7032. Right of first offer; sale to a third party at a higher price.

§ 7032. Right of first offer; sale to a third party at a higher price.
(a) The community owner may accept an offer from a third party higher than the alternative price, if any, offered by the homeowner association without further obligation to the homeowner association unless there are significant or material changes in terms and conditions. However, the homeowner association must be given 7 business days to match the higher offer if 1 of the following apply:
(1) The higher offer is less than $40 million and the homeowner association's alternate price is within 6% of the offer.
(2) The higher offer is $40 million or greater and the homeowner association's alternate price is within 4.5% of the offer.
(b) The notice of the right to match the higher offer under subsection (a) of this section, must be sent to the homeowner association by overnight service with signature receipt. The notice must state the price and any special conditions material to the transaction for the sale, transfer, or conveyance of the community. Upon written demand from the homeowner association, the community owner must provide the homeowner association with tangible evidence of the higher offer received within 3 business days of receipt of the written request from the homeowner association by overnight service with signature receipt.
(c) If the homeowner association matches the offer within 7 business days of receipt under subsection (a) of this section, the community owner must move to the next step of the negotiation with the homeowner association under § 7033 of this title. The community owner must not accept or entertain a higher offer from a third party after the homeowners association matches the offer.
(d) If the community owner accepts an offer from a third party that is greater than the alternative price offered by the homeowners association, such that the provisions of either under subsection (a) of this section, are not triggered, the community owner shall certify this fact in writing to both the homeowner association and the Consumer Protection Unit within 7 business days of acceptance of the third-party offer. Such written certification shall also indicate whether the accepted third-party offer contained any significant or material changes in terms or conditions.
74 Del. Laws, c. 35, §  2;  70 Del. Laws, c. 186, §  1;  76 Del. Laws, c. 336, §  1;  77 Del. Laws, c. 238, §§  2-20;  79 Del. Laws, c. 330, §  1;  82 Del. Laws, c. 38, § 32;
2023 Delaware Code › Title 25 - Property › Chapter 70. Manufactured Homes and Manufactured Home Communities Act › Subchapter IV. Right of First Offer › § 7033. Right of first offer; contract of sale.

§ 7033. Right of first offer; contract of sale.
(a) If a homeowner association responds to the notice of right of first offer under § 7029 of this title, or if the community owner agrees to sell the community to the homeowner association under § 7030 of this title, the homeowner association has an additional 30 days to formalize the agreed price, terms, and conditions into a contract of sale. This 30-day period may not be used to renegotiate the price, terms, or conditions agreed to during the first 30-calendar-day period unless mutually agreed to in writing. Time is of the essence.
(b) Failure of the homeowner association to formalize a contract of sale during the 30-day period following an agreement of price, terms, and conditions eliminates any right of the homeowner association to purchase the community during the remainder of the 12-month period that commenced on the date of the community owner's notice of intention to sell, transfer, or convey all or part of the community.
(c) Upon a formalized contract of sale being signed by both parties, the change of ownership of the community must be completed within 90 days. Time is of the essence.
(d) (1) The completion date may be extended beyond the 90-day period if both parties agree to an extension. However, neither party is obligated to agree to an extension.
(2) An agreement to extend the settlement date must be in writing and signed by both parties to the transaction.
(3) If the parties did not fully exhaust the 30-day periods under subsections (a) or (b) of this section or § 7029(a) of this title, any unused days may be added to the 90-day period in subsection (c) of this section by either party by providing written notification to all other parties within 5 business days prior to the end of the 90-day period. The time period for calculation of unused days is from the dates of mailing of the notices required by each section.
74 Del. Laws, c. 35, §  2;  70 Del. Laws, c. 186, §  1;  76 Del. Laws, c. 336, §  1;  77 Del. Laws, c. 238, §§  2-20;  79 Del. Laws, c. 330, §  1;  82 Del. Laws, c. 38, § 32;
2023 Delaware Code › Title 25 - Property › Chapter 70. Manufactured Homes and Manufactured Home Communities Act › Subchapter IV. Right of First Offer › § 7034. Right of first offer; failure to complete sale.

§ 7034. Right of first offer; failure to complete sale.
If, for any reason except default by the community owner, the homeowner association and the community owner do not complete the sale within the 90-day period under § 7033(c) of this title before the expiration of the extension period agreed to by the parties under § 7033(d) of this title, the right of first offer obligations of the community owner to the homeowner association are terminated, and the community owner may sell, transfer, or convey all or part of the community to any third party at the price offered in the right of first offer, or at a higher price or lower price, for the remainder of the 12-month period that commences on the date of the community owner's notice of intention to sell, transfer, or convey all or part of the community.
74 Del. Laws, c. 35, §  2;  70 Del. Laws, c. 186, §  1;  76 Del. Laws, c. 336, §  1;  77 Del. Laws, c. 238, §§  2-20;  79 Del. Laws, c. 330, §  1;  82 Del. Laws, c. 38, § 32;
2023 Delaware Code › Title 25 - Property › Chapter 70. Manufactured Homes and Manufactured Home Communities Act › Subchapter IV. Right of First Offer › § 7036. Right of first offer; affidavit of compliance.

§ 7036. Right of first offer; affidavit of compliance.
Affidavit of compliance with the requirements of this subchapter.
(1) A community owner may, if appropriate under the circumstances, record in the Registry of Deeds of the county in which the community is located an affidavit in which the community owner certifies to 1 of the following:
a. The manufactured home community owner has complied with the requirements of this section, and has included a copy of the notice sent to the residents of the community.
b. The sale, transfer, or conveyance of the community is exempt from this section, under § 7026(c) of this title.
(2) A party acquiring an interest in a manufactured home community, and title insurance companies and attorneys preparing, furnishing, or examining any evidence of title, have the right to rely on the truth and accuracy of all statements appearing in an affidavit recorded under this section and are under no obligation to inquire further as to any matter or fact relating to the community owner's compliance with the provisions of this subchapter IV of this chapter.
74 Del. Laws, c. 35, §  2;  70 Del. Laws, c. 186, §  1;  76 Del. Laws, c. 336, §  1;  77 Del. Laws, c. 238, §§  2-20;  79 Del. Laws, c. 330, §  1;  82 Del. Laws, c. 38, § 32;
2023 Delaware Code › Title 25 - Property › Chapter 70. Manufactured Homes and Manufactured Home Communities Act › Subchapter V. Delaware Manufactured Home Relocation Trust Fund › § 7044. Payment of funds to landlord for removal or disposal of abandoned homes.

§ 7044. Payment of funds to landlord for removal or disposal of abandoned homes.
(a) A landlord is entitled to receive from the Trust Fund payment in an amount determined by the Board to be sufficient to remove or dispose, or both, a non-relocatable or abandoned manufactured home under § 7043(d) and (g) of this title.
(b) Payment for removal or disposal, or both, of a manufactured home under subsection (a) of this section must be authorized by the Authority and 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 landlord.
(c) If the Trust Fund does not have sufficient moneys to make a payment to a landlord under this section, the Authority shall issue a written promissory note to the landlord for funds due and owing. Promissory notes may be redeemed in order of issuance of the notes as additional moneys come into the Trust Fund.
(d) If a landlord realizes a profit from the removal or disposal, or both, of a manufactured home, the landlord shall reimburse the Trust Fund for any profit gained by the landlord pertaining to that home.
(e) A landlord may not receive payment from the Trust Fund if the landlord has failed to pay the landlord's share of the total Trust Fund assessment during the course of tenancies or has failed to remit the tenant's share as required under § 7042(g)(2) of this title.
(f) It is a class A misdemeanor for a landlord or a landlord's agent to file a notice, statement, or other document required under this section which is false or contains a material misstatement of fact.
74 Del. Laws, c. 35, §  2;  74 Del. Laws, c. 147, §§  5, 9;  82 Del. Laws, c. 38, § 37;
2023 Delaware Code › Title 25 - Property › Chapter 70. Manufactured Homes and Manufactured Home Communities Act › Subchapter V. Delaware Manufactured Home Relocation Trust Fund › § 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.
(b) If the Trust Fund does not have sufficient moneys to make a payment to a tenant under this section, the Authority shall issue a written promissory note to the tenant for funds due and owing. A promissory note may be redeemed in order of issuance of the notes as additional moneys come into the Trust Fund.
(c) It is a class A misdemeanor for a tenant or a tenant's agent to file a notice, statement, or other document required under this section which is false or contains a material misstatement of fact.
74 Del. Laws, c. 35, §  2;  74 Del. Laws, c. 147, §§  5, 9;  82 Del. Laws, c. 38, § 38;
2023 Delaware Code › Title 25 - Property › Chapter 70. Manufactured Homes and Manufactured Home Communities Act › Subchapter V. Delaware Manufactured Home Relocation Trust Fund › § 7046. Delaware Manufactured Home Owner Attorney Fund.

§ 7046. Delaware Manufactured Home Owner Attorney Fund.
(a) The Delaware Manufactured Home Owner Attorney Fund is established through funding provided under § 7042 of this title to provide legal representation and advocacy for manufactured homeowners in disputes with community owners.
(b) The Department of Justice must enter into a contract, under the requirements of subchapter VI, Chapter 69 of Title 29, for a person to assist and represent manufactured homeowners in disputes with community owners with matters that include all of the following:
(1) Providing educational materials and presentations for manufactured homeowners on their rights as manufactured homeowners.
(2) Forming a homeowners association.
(3) Defending an eviction.
(4) Enforcing a breach of a lease agreement by a community owner.
(5) Remedying the failure of a community owner to maintain communities in a manner consistent with local, state, and federal health and safety rules, regulations, and laws.
(6) Challenging a potentially unenforceable term in a lease agreement.
(7) Challenging a potentially unenforceable community rule.
(8) Challenging a rent increase under subchapter III of this chapter, if all of the following apply:
a. The proposed rent increase is 3% or higher plus the CPI-U as defined in § 7052 of this title.
b. The challenge is requested by either of the following:
1. The homeowners association that represents 25% or more of the homeowners.
2. A simple majority or more of the homeowners who received notice of the proposed rent increase under § 7043 of this title, calculated based on 1 vote for each home that received notice.
(c) Not less than quarterly, the Authority shall issue a voucher to the Division of Revenue directing the Division of Revenue to issue a check to the Department of Justice in the amount of the assessments collected under § 7042(g)(1)d. of this title.
(d) The Department of Justice shall file an annual report with the General Assembly October 1 of each year that shall provide all of the following information as of the end of the prior fiscal year:
(1) The amount in the Attorney Fund.
(2) The amount that was spent in the previous year.
(3) The number of cases the contracted attorney worked on in the previous year.
(4) The number of manufactured homeowners who were represented by the contracted attorney in the previous year.
82 Del. Laws, c. 62, § 4;
2023 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;
2023 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) A community owner 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.
(b) A community owner may only increase rent if the rent increase complies with all of the following:
(1) Any lease provision providing for a specific amount of rent for a specific period of time.
(2) The applicable requirements of this chapter.
(c) (1) A community owner must provide written notice of a rent increase at least 90 days, but no more than 120 days, before the first day the increased amount of rent is due, to all of the following:
a. Each affected homeowner.
b. The homeowners' association, if 1 exists.
c. Demhra.
(2) The notice under paragraph (c)(1) of this section must identify all affected homeowners by lot number, name, group, or phase. If the affected homeowners are not identified by name, the community owner shall make the names and addresses available, upon request, to any affected homeowner, homeowners' association, or DEMHRA.
82 Del. Laws, c. 38, § 41;  83 Del. Laws, c. 341, § 2;
2023 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 under § 7053(k) of this title, 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;  83 Del. Laws, c. 341, § 6;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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 paragraphs (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 paragraphs (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;
2023 Delaware Code › Title 25 - Property › Chapter 71. CONVERSION OF MANUFACTURED HOME COMMUNITIES TO MANUFACTURED HOME CONDOMINIUM OR COOPERATIVE COMMUNITIES › § 7101. Purpose of chapter.

§ 7101. Purpose of chapter.
This chapter provides a procedure for the orderly transition of a manufactured home community from single-unit rental to multiple-unit usage as a manufactured home condominium or cooperative community.
64 Del. Laws, c. 14, §  2;  74 Del. Laws, c. 35, §  6;
2023 Delaware Code › Title 25 - Property › Chapter 71. CONVERSION OF MANUFACTURED HOME COMMUNITIES TO MANUFACTURED HOME CONDOMINIUM OR COOPERATIVE COMMUNITIES › § 7103. Requisites for conversion.

§ 7103. Requisites for conversion.
(a) The conversion to multiple-unit usage of any real property on which a manufactured home community is situated shall be permitted only where the vacancy rate of manufactured home sites in the affected local community constitutes 5 percent or more of all manufactured home sites available; or the ratio of multiple-unit manufactured home housing is 25 percent or less of all manufactured home sites available in the affected community all as established according to the records of the appropriate municipal board of assessment and planning and zoning commission or county board of assessment and planning and zoning commission, as the case may be.
(b) No real property on which a manufactured home is located shall be converted into multiple-unit usage unless at least 35 percent of the tenants at the date the conversion plan is filed with the recorder of deeds have agreed to the proposed conversion; provided, however, that in the event of any vote or tally, there shall be only 1 vote for each manufactured home site.
(c) No real property on which a manufactured home community is located shall be converted into multiple-unit usage if the rent for any tenant has been raised during the 6-month period immediately prior to the preliminary notice.
64 Del. Laws, c. 14, §  2;  74 Del. Laws, c. 35, §  8;
2023 Delaware Code › Title 25 - Property › Chapter 71. CONVERSION OF MANUFACTURED HOME COMMUNITIES TO MANUFACTURED HOME CONDOMINIUM OR COOPERATIVE COMMUNITIES › § 7106. Approval by Attorney General.

§ 7106. Approval by Attorney General.
No conversion of real property on which a manufactured home community is situated shall be lawful unless such conversion has received the approval of the Attorney General after a thorough review the conversion plan to determine compliance with this chapter. Where the Attorney General has not acted to approve, conditionally approve or disapprove a conversion plan or prospective conversion within 90 days after receipt of the conversion plan, the conversion plan or prospective conversion shall be deemed to have been approved; provided, however, that the provisions of § 7103 of this title are mandatory, and cannot be waived. The Attorney General may, by a writing addressed to the owner, suspend the Attorney General's decision for an additional 30 days. When the conversion plan is approved, no provision of the plan shall be changed without the written approval of the Attorney General.
64 Del. Laws, c. 14, §  2;  74 Del. Laws, c. 35, §  8;  84 Del. Laws, c. 42, § 123;
2023 Delaware Code › Title 25 - Property › Chapter 71. CONVERSION OF MANUFACTURED HOME COMMUNITIES TO MANUFACTURED HOME CONDOMINIUM OR COOPERATIVE COMMUNITIES › § 7107. Extension and termination of leases.

§ 7107. Extension and termination of leases.
(a) Any tenant at the time of the preliminary notice grace period shall be entitled to have the tenant's lease extended, on the same terms and conditions as the immediately preceding lease, until the expiration of the grace period. Nothing in this subsection shall prevent the owner from increasing rent pursuant to § 7110(d) of this title.
(b) After receipt of the final notice, and upon 30 days' written notice to the owner, a tenant may without penalty terminate the tenant's existing lease; provided, however, that the owner shall receive a full month's rent for any partial month of tenancy.
64 Del. Laws, c. 14, §  2;  84 Del. Laws, c. 42, § 124;
2023 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;
2023 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;
2023 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 the owner's agents are substantially interfering with the tenant's 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;  84 Del. Laws, c. 42, § 125;
2023 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;