reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 31 - Welfare › Chapter 43. HOUSING AUTHORITY › § 4315. Supervision of projects by the DSHA.

§ 4315. Supervision of projects by the DSHA.
Whenever any project of any agency, including public or private organizations or corporations, is financed in whole or in part by this State pursuant to Chapter 40 of this title, the Housing Director of DSHA may:
(1) Order any agency undertaking or operating a project to make, at its expense, such repairs and improvements as will preserve or promote the health and safety of the occupants of buildings and structures owned or operated by such agency;
(2) Order all such agencies to do such acts as may be necessary to comply with the law, the rules and regulations adopted by the Housing Director by the terms of any project approved by the Housing Director, or to refrain from doing any acts in violation thereof;
(3) Examine all such agencies and keep informed as to their general condition, their capitalization and the manner in which their property is constructed, leased, operated or managed;
(4) By the Housing Director's duly authorized agents, enter in or upon and inspect the property, equipment, buildings, plants, offices, apparatus and devices of any such agency, examine all books, contracts, records, documents and papers of any such agency and, by subpoena duces tecum issued by DSHA, compel the production thereof;
(5) In the Housing Director's discretion prescribe uniform methods and forms of keeping accounts, records and books to be observed by such agencies and to prescribe or order accounts in which particular outlays and receipts shall be entered, charged or credited;
(6) Require every such agency to file with DSHA an annual report setting forth such information as the Housing Director may require verified by the oath of a duly authorized representative of the agency. Such report shall be in the form, cover the period and be filed at the time prescribed by the Housing Director. The Housing Director may further require answers to questions upon which the Housing Director or DSHA may desire information and may also require such agency to file periodic reports in the form covering the period at the time prescribed by the Housing Director;
(7) From time to time make, amend and repeal rules and regulations for carrying into effect this chapter.
31 Del. C. 1953, §  4314;  56 Del. Laws, c. 293, §  3;  57 Del. Laws, c. 679, §§  5B, 5C;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 357, §§  9-16;
2023 Delaware Code › Title 31 - Welfare › Chapter 43. HOUSING AUTHORITY › § 4316. Material and labor contracts; bids.

§ 4316. Material and labor contracts; bids.
All materials furnished to and all labor for an authority in excess of the probable cost of $500, except materials and labor used in the maintenance and operation of housing projects and employees directly under the authority, shall be supplied or done under contract made after competitive bids have been requested and submitted.
39 Del. Laws, c. 16, §  18;  Code 1935, §  5470;  31 Del. C. 1953, §  4317;
2023 Delaware Code › Title 31 - Welfare › Chapter 43. HOUSING AUTHORITY › § 4317. Dissolution.

§ 4317. Dissolution.
Whenever an authority desires to discontinue its operations, it shall make application to DSHA for permission to dissolve. Permission to dissolve shall be given only upon the showing, satisfactory to DSHA, that all projects undertaken by the authority have been completed or abandoned with the approval of DSHA, that provision satisfactory to a majority of its creditors, holding a majority in the amount of claims, has been made, and that the continued existence of the authority would not serve the public interest. Notice of such application for permission to dissolve shall be given to all creditors of the authority in such manner as DSHA approves. If the application to dissolve is granted, DSHA shall either (1) designate an agent to take possession of the authority, to dispose of all of its property in the manner authorized herein, and, after paying or making provisions for the debts and liabilities of the authority and the expenses of dissolution, pay the balance remaining, if any, into the General Fund of the State; or (2) DSHA may, after proper provision has been made for paying or meeting the debts and liabilities of an authority and the expenses of dissolution, approve an agreement conveying the property of the authority to the State, provided that no debt or obligation of the authority shall become the debt or obligation of the State by virtue of such conveyance, unless expressly assumed by the State.
39 Del. Laws, c. 16, §  19;  Code 1935, §  5471;  31 Del. C. 1953, §  4318;  57 Del. Laws, c. 679, §  5B;  71 Del. Laws, c. 357, §  17;
2023 Delaware Code › Title 31 - Welfare › Chapter 43. HOUSING AUTHORITY › § 4318. Tax exemption; payments in lieu of taxes.

§ 4318. Tax exemption; payments in lieu of taxes.
The property of an authority is declared to be public property used for essential public purposes, and such property and an authority shall be exempt from all taxes and assessments of the city, the county, the State or any political subdivision thereof. In lieu of such taxes an authority may agree to make annual payments to such city or county for improvements, services and facilities furnished by such city or county for the benefit of the housing project, in amounts not to exceed the regular taxes which would be levied on such projects by the aforesaid taxing bodies if the project were not exempt therefrom. Bonds and other obligations of an authority are declared to be issued for an essential public and governmental purpose and to be public instrumentalities, and together with interest thereon and income therefrom, shall be exempt from taxes.
Code 1935, §  5471A;  43 Del. Laws, c. 241, §  1;  31 Del. C. 1953, §  4319;  56 Del. Laws, c. 108, §  1;
2023 Delaware Code › Title 31 - Welfare › Chapter 43. HOUSING AUTHORITY › § 4319. Exemption from execution sale.

§ 4319. Exemption from execution sale.
All real property of an authority shall be exempt from levy and sale by virtue of an execution, and no execution or other judicial process shall issue against the same nor shall judgment against an authority be a charge or lien upon its real property. This section shall not apply to or limit the right of bondholders or other obligees of an authority to pursue any remedies for the enforcement of any pledge or lien given to them on its rents, fees or revenues or any mortgage of or agreement to sell a project given as security for any bonds or other obligations of the authority.
Code 1935, §  5471B;  43 Del. Laws, c. 241, §  1;  31 Del. C. 1953, §  4320;
2023 Delaware Code › Title 31 - Welfare › Chapter 43. HOUSING AUTHORITY › § 4320. Form and sale of bonds.

§ 4320. Form and sale of bonds.
Bonds, notes and certificates of indebtedness of an authority may be issued in 1 or more series, may bear such date or dates, may mature at such time or times from their respective dates, may bear interest at such rate or rates not in excess of 4% over the discount rate charged by the Federal Reserve Board of Governors to its member banks, may be in such denomination or denominations, may be in such form, either coupon or registered, may carry such registration and conversion privileges, may be executed in such manner, may be payable in such medium of payment, at such place or places, may be subject to such terms of redemption, with or without a premium, may be declared or become due before the maturity date thereof, may provide for the replacement of mutilated, destroyed, stolen or lost bonds, may be authenticated in such manner and upon compliance with such conditions, may be payable from such income of the authority upon such terms, may be secured in such manner, may provide for such rights and remedies upon their default, and may contain such other covenants, terms and conditions (including, without being limited to the foregoing) as may be provided by resolution or resolutions of the authority or any trust indenture authorized thereby. Notwithstanding the former tenor thereof, and in the absence of an express recital on the face thereof that the bonds or notes are nonnegotiable, all bonds of an authority shall at all times be and shall be treated as negotiable instruments for all purposes. Such bonds, notes and certificates shall be sold at not less than par at public sale held after notice published once at least 5 days prior to such sale in a newspaper having a general circulation in the city or county and in a financial newspaper published in the City of Wilmington or in the City of New York, New York. Such bonds and other obligations may be sold to the federal government or any agency thereof at private sale at not less than par.
Code 1935, §  5471C;  43 Del. Laws, c. 241, §  1;  31 Del. C. 1953, §  4321;  63 Del. Laws, c. 91, §  1;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 Delaware Code › Title 31 - Welfare › Chapter 45. SLUM CLEARANCE AND REDEVELOPMENT AUTHORITY LAW › § 4512. Officers; employees; duties and compensation; legal services.

§ 4512. Officers; employees; duties and compensation; legal services.
The commissioners of an authority shall elect a chairperson and vice-chairperson from among the commissioners. An authority may employ an executive director, technical experts and such other officers, agents and employees, permanent and temporary, as it may require, and shall determine their qualifications, duties and compensation. For such legal services as it may require, an authority may, with the approval of the governing body, call upon the chief law officer of the communities within its area of operation or it may employ its own counsel and legal staff. An authority may delegate to 1 or more of its agents or employees such powers or duties as it may deem proper.
48 Del. Laws, c. 345, §  4;  31 Del. C. 1953, §  4512;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 31 - Welfare › Chapter 45. SLUM CLEARANCE AND REDEVELOPMENT AUTHORITY LAW › § 4513. Removal; hearing; filing of proceedings in office of municipal or county clerk's office.

§ 4513. Removal; hearing; filing of proceedings in office of municipal or county clerk's office.
For inefficiency or neglect of duty or misconduct in office, a commissioner of an authority may be removed by the official or public body which appointed such commissioner, but a commissioner shall be removed only after a hearing and after the commissioner shall have been given a copy of the charges at least 10 days prior to such hearing and have had an opportunity to be heard in person or by counsel. In the event of the removal of any commissioner, a record of the proceedings, together with the charges and findings thereon, shall be filed in the office of the municipal or county clerk, as the case may be.
48 Del. Laws, c. 345, §  4;  31 Del. C. 1953, §  4513;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 31 - Welfare › Chapter 45. SLUM CLEARANCE AND REDEVELOPMENT AUTHORITY LAW › § 4514. Actions or proceedings; proof of adoption of resolutions as evidence.

§ 4514. Actions or proceedings; proof of adoption of resolutions as evidence.
In any suit, action or proceeding involving the validity or enforcement of or relating to any contract of or bonds issued by an authority, the authority shall be conclusively deemed to have become established and authorized to transact business and exercise its powers under this chapter upon proof of the adoption of the appropriate resolution prescribed in § 4503 or § 4505 of this title. Each such resolution shall be deemed sufficient if it authorizes the exercise of powers under this chapter by the authority or other public body and finds in substantially the terms provided in § 4504 of this title (no further detail being necessary) that the conditions therein enumerated exist. A copy of such resolution duly certified by the municipal or county clerk, as the case may be, shall be admissible in evidence in any suit, action or proceeding.
48 Del. Laws, c. 345, §  4;  31 Del. C. 1953, §  4514;
2023 Delaware Code › Title 31 - Welfare › Chapter 45. SLUM CLEARANCE AND REDEVELOPMENT AUTHORITY LAW › § 4515. Interest in contracts; disclosure of interest; violations.

§ 4515. Interest in contracts; disclosure of interest; violations.
No commissioner or employee of an authority shall voluntarily acquire any interest, direct or indirect, in any redevelopment project or in any property included or planned by the authority to be included in any such project, or in any contract or proposed contract in connection with any such project. Where the acquisition is not voluntary, such commissioner or employee shall immediately disclose such interest in writing to the authority and such disclosure shall be entered upon the minutes of the authority. If any commissioner or employee of an authority presently owns or controls or owned or controlled within the preceding 2 years an interest, direct or indirect, in any property included or planned by the authority to be included in any redevelopment project, the commissioner or employee immediately shall disclose such interest in writing to the authority and such disclosure shall be entered upon the minutes of the authority. Upon such disclosure such commissioner or employee shall not participate in any action by the authority affecting such property. Any violation of this section shall constitute misconduct in office.
48 Del. Laws, c. 345, §  4;  31 Del. C. 1953, §  4515;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 31 - Welfare › Chapter 45. SLUM CLEARANCE AND REDEVELOPMENT AUTHORITY LAW › § 4517. Approval of redevelopment plans.

§ 4517. Approval of redevelopment plans.
An authority shall not acquire real property for a redevelopment project unless the governing body of the community in which the redevelopment project area is located has approved the redevelopment plan, as prescribed in § 4525 of this title.
48 Del. Laws, c. 345, §  6;  31 Del. C. 1953, §  4517;
2023 Delaware Code › Title 31 - Welfare › Chapter 45. SLUM CLEARANCE AND REDEVELOPMENT AUTHORITY LAW › § 4518. Finding of necessity by local governing body.

§ 4518. Finding of necessity by local governing body.
An authority shall not exercise the authority conferred upon municipalities or communities by this chapter until after the local governing body shall have adopted a resolution finding that:
(1) One or more slum or blighted areas shall exist in such municipality or community; and
(2) The rehabilitation, conservation, redevelopment or a combination thereof, of such area or areas is necessary in the interest of the public health, safety, morals or welfare of the residents of such municipality or community.
48 Del. Laws, c. 345, §  6;  31 Del. C. 1953, §  4518;  55 Del. Laws, c. 292, §  5;
2023 Delaware Code › Title 31 - Welfare › Chapter 45. SLUM CLEARANCE AND REDEVELOPMENT AUTHORITY LAW › § 4519. General plan prior to recommendation of redevelopment plan.

§ 4519. General plan prior to recommendation of redevelopment plan.
An authority shall not recommend a redevelopment plan to the governing body of the community in which the redevelopment project area is located until a general plan for the development of the community has been prepared.
48 Del. Laws, c. 345, §  6;  31 Del. C. 1953, §  4519;
2023 Delaware Code › Title 31 - Welfare › Chapter 45. SLUM CLEARANCE AND REDEVELOPMENT AUTHORITY LAW › § 4520. Preparation of redevelopment plan; contents.

§ 4520. Preparation of redevelopment plan; contents.
(a) The authority may itself prepare or cause to be prepared a redevelopment plan or any person or agency, public or private, may submit such a plan to an authority. A redevelopment plan shall be sufficiently complete to indicate its relationship to definite local objectives as to appropriate land uses, improved traffic, public transportation, public utilities, recreational and community facilities and other public improvements and the proposed land uses and building requirements in the redevelopment project area and shall include without being limited to:
(1) The boundaries of the redevelopment project area, with a map showing the existing uses and condition of the real property therein;
(2) A land use plan showing proposed uses of the area;
(3) Information showing the standards of population densities, land coverage and building intensities in the area after redevelopment;
(4) A statement of the proposed changes, if any, in zoning ordinances or maps, street layouts, street levels or grades, building codes and ordinances;
(5) A site plan of the area; and
(6) A statement as to the kind and number of additional public facilities or utilities which will be required to support the new land uses in the area after redevelopment.
(b) The authority, or any public body authorized to perform planning work, may prepare a general neighborhood renewal plan for urban renewal areas which may be of such scope that urban renewal activities may have to be carried out in stages over an estimated period of up to 10 years. Such plan may include, but is not limited to, a preliminary plan which:
(1) Outlines the urban renewal activities proposed for the area involved;
(2) Provides a framework for the preparation of urban renewal plans; and
(3) Indicates generally the land uses, population density, building coverage, prospective requirements for rehabilitation and improvement of property and portions of the area contemplated for clearance and redevelopment.
A general neighborhood renewal plan shall, in the determination of the local governing body, conform to the general plan of the locality as a whole and to the workable program of the municipality.
(c) The authority, or any public body authorized to perform planning work, may prepare or complete a communitywide plan or program for urban renewal which shall conform to the general plan for the development of the municipality or community as a whole and may include, but shall not be limited to, identification of slum or blighted areas, measurement of blight, determination of resources needed and available to renew such areas, identification of potential project areas and types of action contemplated and scheduling of urban renewal activities.
48 Del. Laws, c. 345, §  6;  31 Del. C. 1953, §  4520;  55 Del. Laws, c. 292, §  9;
2023 Delaware Code › Title 31 - Welfare › Chapter 45. SLUM CLEARANCE AND REDEVELOPMENT AUTHORITY LAW › § 4521. Submission of plan for review and recommendations.

§ 4521. Submission of plan for review and recommendations.
Prior to recommending a redevelopment plan to the governing body for approval, an authority shall submit such plan to the planning commission of the community in which the redevelopment project area is located for review and recommendations as to its conformity with the general plan for the development of the community as a whole. The planning commission shall submit its written recommendations with respect to the proposed redevelopment plan to the authority within 30 days after receipt of the plan for review. Upon receipt of the recommendations of the planning commission or, if no recommendations are received within the 30 days, then without such recommendations, an authority may recommend the redevelopment plan to the governing body of the community for approval.
48 Del. Laws, c. 345, §  6;  31 Del. C. 1953, §  4521;
2023 Delaware Code › Title 31 - Welfare › Chapter 45. SLUM CLEARANCE AND REDEVELOPMENT AUTHORITY LAW › § 4522. Considerations prior to recommendation of plan.

§ 4522. Considerations prior to recommendation of plan.
Prior to recommending a redevelopment plan to the governing body for approval, an authority shall consider whether the proposed land uses and building requirements in the redevelopment project area are designed with the general purpose of accomplishing, in conformance with the general plan, a coordinated, adjusted and harmonious development of the community and its environs which will, in accordance with present and future needs, promote health, safety, morals, order, convenience, prosperity and the general welfare, as well as efficiency and economy in the process of development, including, among other things, adequate provision for traffic, vehicular parking, the promotion of safety from fire, panic and other dangers, adequate provision for light and air, the promotion of the healthful and convenient distribution of population, the provision of adequate transportation, water, sewerage and other public utilities, schools, parks, recreational and community facilities and other public requirements, the promotion of sound design and arrangement, the wise and efficient expenditure of public funds, the prevention of the recurrence of insanitary or unsafe dwelling accommodations, slums, or conditions of blight and the provision of adequate, safe and sanitary dwelling accommodations.
48 Del. Laws, c. 345, §  6;  31 Del. C. 1953, §  4522;
2023 Delaware Code › Title 31 - Welfare › Chapter 45. SLUM CLEARANCE AND REDEVELOPMENT AUTHORITY LAW › § 4523. Statement of proposed costs; revenue, finances and relocation of displaced families.

§ 4523. Statement of proposed costs; revenue, finances and relocation of displaced families.
The recommendation of a redevelopment plan by an authority to the governing body shall be accompanied by the recommendations, if any, of the planning commission concerning the redevelopment plan, a statement of the proposed method and estimated cost of the acquisition and preparation for redevelopment of the redevelopment project area and the estimated proceeds or revenues from its disposal to redevelopers, a statement of the proposed method of financing the redevelopment project and a statement of a feasible method proposed for the relocation of families to be displaced from the redevelopment project area.
48 Del. Laws, c. 345, §  6;  31 Del. C. 1953, §  4523;
2023 Delaware Code › Title 31 - Welfare › Chapter 45. SLUM CLEARANCE AND REDEVELOPMENT AUTHORITY LAW › § 4524. Public hearing; notice; publication.

§ 4524. Public hearing; notice; publication.
The governing body of the community shall hold a public hearing on any redevelopment plan or substantial modification thereof recommended by the authority, after reasonable public notice thereof by publication at least once a week for 2 consecutive weeks in a newspaper of general circulation in the community, the time of the hearing to be at least 10 days from the last publication. The notice shall describe the time, date, place and purpose of the hearing and shall also generally identify the area to be redeveloped under the plan. All interested parties shall be afforded at such public hearing a reasonable opportunity to express their views respecting the proposed redevelopment plan.
48 Del. Laws, c. 345, §  6;  31 Del. C. 1953, §  4524;