reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 31 - Welfare › Chapter 40. THE DELAWARE STATE HOUSING AUTHORITY › Subchapter I. Definitions, Purpose and Powers › § 4005. Additional powers of Housing Director.

§ 4005. Additional powers of Housing Director.
Whenever the Housing Director determines that the purposes of this chapter and Chapter 43 of this title, will be better accomplished by a revision of the area of operations of any authority or by the consolidation of 2 or more authorities or by the performance of the functions of an authority by DSHA, the Housing Director may after due notice to all authorities affected and subsequent to a public hearing thereon and with the concurrence of the local governing bodies, make such revision, consolidation or perform such functions; provided, that adequate provision shall be made by the Housing Director for the protection of such authority, its creditors, contracting parties and tenants.
71 Del. Laws, c. 357, §  6;
2023 Delaware Code › Title 31 - Welfare › Chapter 40. THE DELAWARE STATE HOUSING AUTHORITY › Subchapter II. Delaware State Housing Authority › § 4010. Creation.

§ 4010. Creation.
In accordance with Chapter 86 of Title 29, there is created in the Executive Department a public corporation of perpetual duration to be called the “Delaware State Housing Authority,” hereinafter referred to as “DSHA.” Chapter 43 of this title shall apply to DSHA and to its projects as fully as such provisions apply to a housing authority created by § 4303 of this title and to its housing projects; provided however, that DSHA shall not be subject to §§ 4303, 4304, 4306, 4307, 4314 and 4317 of this title.
71 Del. Laws, c. 357, §  6;
2023 Delaware Code › Title 31 - Welfare › Chapter 40. THE DELAWARE STATE HOUSING AUTHORITY › Subchapter II. Delaware State Housing Authority › § 4011. DSHA to contract for labor or materials.

§ 4011. DSHA to contract for labor or materials.
DSHA shall contract for labor or materials (except labor or materials used in the maintenance or operation of projects) pursuant to the manner prescribed in Chapter 69 of Title 29, for departments and other agencies of the state government.
71 Del. Laws, c. 357, §  6;
2023 Delaware Code › Title 31 - Welfare › Chapter 40. THE DELAWARE STATE HOUSING AUTHORITY › Subchapter II. Delaware State Housing Authority › § 4012. Seal of DSHA.

§ 4012. Seal of DSHA.
DSHA shall have a corporate seal in the form of a circle bearing the arms of the State in the center and the name of DSHA in the border. All deeds, contracts or other obligations, certificates or other instruments executed, including bonds which are provided for in § 4017 of this title, made or issued on behalf of DSHA, shall bear the signature of the Housing Director and have impressed or imprinted thereupon the seal of DSHA, or facsimile thereof, and when so appearing shall be conclusively presumed in any judicial action or proceeding the valid act and deed of DSHA. The presumptions set forth in this provision shall also apply to all bonds executed pursuant to § 4016 of this title.
71 Del. Laws, c. 357, §  6;
2023 Delaware Code › Title 31 - Welfare › Chapter 40. THE DELAWARE STATE HOUSING AUTHORITY › Subchapter II. Delaware State Housing Authority › § 4014. Liberal construction.

§ 4014. Liberal construction.
Neither this chapter nor anything herein contained is or shall be construed as a restriction or limitation upon any powers which DSHA might otherwise have under any laws of this State, and this chapter is cumulative to any such powers. This chapter shall be regarded as supplemental and additional to powers conferred by other laws. However, the issuance of bonds, notes and other obligations and refunding bonds under this chapter need not comply with the requirements of any other state law applicable to the issuance of bonds, notes and other obligations and contracts for the construction and acquisition of any housing developments undertaken pursuant to this chapter need not comply with any other state law applicable to contracts for the construction and acquisition of state-owned property. No proceedings, notice or approval shall be required for the issuance of any bonds, notes and other obligations or any instrument as security therefor, except as to an issue of bonds subject to the requirements of § 4020 of this title relating to the Capital Reserve Fund, and the issuing officer of DSHA shall coordinate any other issuance with the state bond issuing officers.
71 Del. Laws, c. 357, §  6;
2023 Delaware Code › Title 31 - Welfare › Chapter 40. THE DELAWARE STATE HOUSING AUTHORITY › Subchapter II. Delaware State Housing Authority › § 4015. Audit of books and accounts.

§ 4015. Audit of books and accounts.
The office of Auditor of Accounts shall cause an annual audit of the books and accounts of DSHA. The selection of the firm to perform the annual audit of the books and accounts of DSHA shall be mutually agreed upon by the office of the Auditor of Accounts and the Housing Director who shall consult and cooperate with each other in the selection, contract, employment and scope of professional services to be rendered, provisions in Chapter 29 of Title 29 notwithstanding. The audit shall be performed by a certified public accountant of recognized national standing and shall conform in all respects to the covenants contained in all bond resolutions entered into by DSHA for the benefit of its bondholders. DSHA shall transfer funds, as requested by the office of Auditor of Accounts, to cover the cost of the audit.
71 Del. Laws, c. 357, §  6;
2023 Delaware Code › Title 31 - Welfare › Chapter 40. THE DELAWARE STATE HOUSING AUTHORITY › Subchapter II. Delaware State Housing Authority › § 4016. Bonds.

§ 4016. Bonds.
(a) DSHA may, with the approval of the issuing officer and subject to the authorization (if any) required by § 7402 of Title 29, issue bonds (including refunding bonds for the purpose of paying or retiring bonds previously issued by DSHA) from time to time in such amounts as it may deem advisable for any of its corporate purposes. DSHA may issue such types of bonds as it may determine, including bonds on which the principal and interest are payable:
(1) Exclusively from the income and revenues of any undertaking financed in whole or in part with the proceeds of such bonds;
(2) Exclusively from the income and revenues of certain designated housing projects whether or not they were financed in whole or in part with the proceeds of such bonds;
(3) From its revenues generally; or
(4) By grants, subsidies or other payments from the federal government.
Any of such bonds may be additionally secured by a pledge of any revenue or by a mortgage of any housing project, projects or other property of DSHA or any of its agents or designees.
(b) Neither the issuing officer nor any person executing the bonds shall be liable personally on the bonds.
71 Del. Laws, c. 357, §  6;
2023 Delaware Code › Title 31 - Welfare › Chapter 40. THE DELAWARE STATE HOUSING AUTHORITY › Subchapter II. Delaware State Housing Authority › § 4018. Bonds as legal investments for institutions and fiduciaries and as legal deposit.

§ 4018. Bonds as legal investments for institutions and fiduciaries and as legal deposit.
The bonds issued under the authority of this chapter are declared to be securities in which all state and municipal officers and administrative departments, boards and commissions of the State, all banks, bankers, savings banks, trust companies, 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 administrators, executors, guardians, trustees and other fiduciaries and all other persons whatsoever who now or may be authorized to invest in bonds or other obligations of this State, may properly and legally invest any funds, including capital belonging to them or within their control, and such bonds are declared securities which may properly and legally be deposited with and received by any state, county or municipal officer or agency of this State for any purpose for which the deposit of bonds or other obligations of this State is now or may hereafter be authorized by law.
71 Del. Laws, c. 357, §  6;
2023 Delaware Code › Title 31 - Welfare › Chapter 40. THE DELAWARE STATE HOUSING AUTHORITY › Subchapter II. Delaware State Housing Authority › § 4019. Credit of State not pledged.

§ 4019. Credit of State not pledged.
(a) Bonds issued under this chapter shall be payable exclusively from the revenues and other funds of DSHA and shall contain the following statement on their face:
“The State of Delaware is not obligated to pay the principal of this bond nor the interest thereon, nor are the faith and credit of the State pledged to the payment of the principal of, or interest on, this bond.”
(b) The issuance of bonds under this chapter shall not directly or indirectly or contingently obligate the State to levy or pledge any form of taxation whatever therefor or to make any appropriation for their payment, and the bonds shall not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction; provided also that § 4020 of this title, relative to the Capital Reserve Fund, shall not be deemed to constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction.
71 Del. Laws, c. 357, §  6;
2023 Delaware Code › Title 31 - Welfare › Chapter 40. THE DELAWARE STATE HOUSING AUTHORITY › Subchapter II. Delaware State Housing Authority › § 4022. Trust indenture.

§ 4022. Trust indenture.
(a) At the discretion of the issuing officer each and any issue of such bonds may be secured by a trust indenture by and between the issuing officer and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without this State.
(b) Such trust indenture may pledge or assign the revenues of DSHA but shall not create a security interest in or convey or mortgage any real property owned, operated or maintained by DSHA. Either the resolution providing for the issuance of the bonds or such trust indenture may contain such provisions specifying, defining, protecting and enforcing the rights and not in violation of law, include covenants setting forth the duties of DSHA in relation to the acquisition, construction, improvement, maintenance, operation, repair and insurance of any facilities or additions thereto, and the custody, safeguarding and application of all moneys.
(c) It shall be lawful for any bank or trust company incorporated under the laws of this State to act as such depository and to furnish such indenture bonds or to pledge such securities as may be required by DSHA. Such indenture may set forth the rights and remedies of the bondholders and of the trustee and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporation.
(d) In addition to the foregoing, such trust indenture may contain such other provisions as the issuing officer may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out the provisions of such trust indenture may be treated as a part of the cost of maintenance, operation and repairs of any facility to which such indenture is related or may be paid out of the revenues of DSHA.
71 Del. Laws, c. 357, §  6;
2023 Delaware Code › Title 31 - Welfare › Chapter 40. THE DELAWARE STATE HOUSING AUTHORITY › Subchapter II. Delaware State Housing Authority › § 4023. Remedies of bondholders and trustees.

§ 4023. Remedies of bondholders and trustees.
(a) Any holder of bonds issued under this chapter or any of the coupons attached thereto, and the trustee under the trust indenture, if any, except to the extent the rights given by this chapter may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may either at law or in equity by suit, action, mandamus or other proceedings protect and enforce any and all rights under the laws of the United States or of this State or granted under this chapter or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this chapter, or by such resolution or trust indenture, to be performed by DSHA or any officer thereof, including the fixing, charging and collecting of fares or charges for the use of any facility operated by DSHA.
(b) Such resolution or trust indenture may contain provisions under which any holder of such bonds or the trustee under such trust indenture shall be entitled to the appointment of a receiver in the event of a default, and any receiver so appointed shall have and be entitled to exercise all the rights and powers of DSHA with respect to the facilities operated or maintained by DSHA and all of the appropriate rights and powers of a receiver in equity.
71 Del. Laws, c. 357, §  6;
2023 Delaware Code › Title 31 - Welfare › Chapter 40. THE DELAWARE STATE HOUSING AUTHORITY › Subchapter II. Delaware State Housing Authority › § 4024. Moneys as trust funds.

§ 4024. Moneys as trust funds.
All moneys received pursuant to the authority of this chapter, whether as proceeds from the sale of bonds or grants or other contributions from any person corporate or otherwise, or government, or as fees and revenues shall be deemed to be trust funds, to be held and applied solely as provided in this chapter. The issuing officer shall, in the resolution authorizing the issuance of bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds and the fees and revenues to be received, to any officer, agency, bank or trust company who shall act as trustee of such funds, and shall hold and apply the same to the purposes of this chapter, subject to such regulations as this chapter and such resolution or trust indenture may provide.
71 Del. Laws, c. 357, §  6;
2023 Delaware Code › Title 31 - Welfare › Chapter 40. THE DELAWARE STATE HOUSING AUTHORITY › Subchapter II. Delaware State Housing Authority › § 4025. Subordination of mortgage to agreement with government.

§ 4025. Subordination of mortgage to agreement with government.
DSHA may agree in any mortgage made by it that such mortgage shall be subordinate to a contract for the supervision by a government of the operation and maintenance of the mortgaged property and the construction of improvements thereon. In such event, any purchase or purchasers at a sale of the property of DSHA pursuant to a foreclosure of such mortgage or any other remedy in connection therewith shall obtain title subject to such contract.
71 Del. Laws, c. 357, §  6;
2023 Delaware Code › Title 31 - Welfare › Chapter 40. THE DELAWARE STATE HOUSING AUTHORITY › Subchapter II. Delaware State Housing Authority › § 4026. Powers relative to purchase of and sale to financial institutions of mortgage loans; loans to mortgage lenders.

§ 4026. Powers relative to purchase of and sale to financial institutions of mortgage loans; loans to mortgage lenders.
DSHA shall have all the powers necessary or convenient to carry out and effectuate the purposes of this chapter, including the following powers in addition to others herein granted:
(1) To invest in, purchase or to make commitments to purchase, and take assignments from mortgage lenders of notes and mortgages evidencing loans for the construction, rehabilitation, purchase, leasing or refinancing of housing for persons and families of low- and moderate-income in this State;
(2) To make loans to mortgage lenders upon terms and conditions requiring the proceeds thereof to be used by such mortgage lenders for the making of new residential mortgages, upon the terms set forth in § 4027 of this title;
(3) To make commitments to purchase, and to purchase, service and sell mortgages insured by any department, agency or instrumentality of the United States, and to make loans directly upon the security of any such mortgage; provided, that the underlying mortgage loans shall have been made and shall be continued to be used solely to finance or refinance the construction, rehabilitation, purchase or leasing of residential housing for persons and families of low- and moderate-income in this State;
(4) To sell, at public or private sale, with or without public bidding, any mortgage or other obligation held by DSHA;
(5) To enter into mortgage insurance agreements with mortgage lenders in connection with the lending of money by such institutions to persons and families of low- or moderate-income for the purchase of housing;
(6) Subject to any agreement with bondholders or noteholders, to collect, enforce the collection of, and foreclose on any collateral securing its loans to mortgage lenders and acquire or take possession of such collateral and sell the same at public or private sale, with or without public bidding, and otherwise deal with such collateral as may be necessary to protect the interest of DSHA therein.
71 Del. Laws, c. 357, §  6;
2023 Delaware Code › Title 31 - Welfare › Chapter 40. THE DELAWARE STATE HOUSING AUTHORITY › Subchapter II. Delaware State Housing Authority › § 4027. Terms and conditions of the purchase and sale to financial institutions of mortgage loans; loans to mortgage lenders.

§ 4027. Terms and conditions of the purchase and sale to financial institutions of mortgage loans; loans to mortgage lenders.
(a) DSHA shall from time to time adopt, modify, amend or repeal rules and regulations governing the making of such loans to mortgage lenders and the application of the proceeds thereof.
Such rules and regulations shall be designed to effectuate the general purposes of this chapter and the following specific objectives:
(1) The expansion of the supply of funds in the State available for new residential mortgages;
(2) The provision of the additional housing needed to remedy the shortage of adequate housing in the State and eliminate the existence of a large number of substandard dwellings; and
(3) The effective participation by mortgage lenders in the program authorized by this chapter and the restriction of the financial return and benefit thereto from such program to that necessary and reasonable to induce such participation.
(b) All new residential mortgages made as required by this section shall comply with the applicable provisions of the laws of the State, and, where federal law or the law of another jurisdiction governs the affairs of the mortgage lender, shall comply with applicable provisions of such law.
71 Del. Laws, c. 357, §  6;
2023 Delaware Code › Title 31 - Welfare › Chapter 40. THE DELAWARE STATE HOUSING AUTHORITY › Subchapter II. Delaware State Housing Authority › § 4028. Notification of application for Low Income Housing Tax Credit Program.

§ 4028. Notification of application for Low Income Housing Tax Credit Program.
(a) Whenever a Low Income Housing Tax Credit Program application is submitted to the Delaware State Housing Authority, the Housing Director shall notify by certified and regular mail any state senators and representatives in whose districts any development project will be located. In addition, the Housing Director shall so notify the chief executive officer of any local government in whose jurisdiction any development project will be located.
(b) Whenever a preliminary ranking of Low Income Housing Tax Credit Program applications is made by the Delaware State Housing Authority, the Housing Director shall notify by certified and regular mail any state senators and representatives in whose districts any development project will be located. In addition, the Housing Director shall so notify the chief executive officer of any local government in whose jurisdiction any development project will be located.
72 Del. Laws, c. 394, §  1;
2023 Delaware Code › Title 31 - Welfare › Chapter 40. THE DELAWARE STATE HOUSING AUTHORITY › Subchapter II. Delaware State Housing Authority › § 4029. Korey Thompson Student Emergency Housing Assistance Fund.

§ 4029. Korey Thompson Student Emergency Housing Assistance Fund.
(a) There is established the Korey Thompson Student Emergency Housing Assistance Fund for the benefit of college and university students experiencing homelessness or housing insecurity, referred to in this section as the “Fund.” DSHA shall oversee and administer all funds deposited in the Fund, including any funds appropriated by the State to the Fund, as well as any federal funds received from the American Rescue Plan or other COVID relief grants for this purpose.
(b) The Fund must be used exclusively for the provision of housing assistance to individuals enrolled in an undergraduate program at any college or university in this State.
(c) DSHA shall develop eligibility criteria, an application process, appropriate limitations on assistance, and a method of distribution.
(d) DSHA shall report to the Governor and the General Assembly by December 1 of each year all expenditures made from the Fund, including an accounting of how many individuals were served and what institution each individual attended. No personal identifying information may be included in the report.
83 Del. Laws, c. 238, § 1;
2023 Delaware Code › Title 31 - Welfare › Chapter 40. THE DELAWARE STATE HOUSING AUTHORITY › Subchapter III. Housing Development Fund and Financing of Housing Developments › § 4032. Power to supervise housing sponsors.

§ 4032. Power to supervise housing sponsors.
DSHA shall have the power to supervise housing sponsors, including limited profit housing sponsors and their real and personal property, in the following respects:
(1) DSHA may prescribe uniform systems of accounts and records for housing sponsors and may require them to make reports and give answers to specific questions on such forms and at such times as may be necessary for the purposes of this chapter.
(2) Through its agents or employees, DSHA may enter upon and inspect the lands, buildings and equipment of a housing sponsor, including all parts thereof, and may examine all books and records with reference to capital structure, income, expenditures and other payments of a housing sponsor.
(3) DSHA may supervise the operation and maintenance of any housing development and may order such repairs as may be necessary to protect the public interest or the health, welfare or safety of the housing development occupants.
(4) DSHA may fix, and alter from time to time, a schedule of rents and charges for any housing development.
(5) DSHA may determine, for any housing development, standards for tenant selection by a housing sponsor.
(6) DSHA may require any housing sponsor to pay to DSHA such fees as it may prescribe in connection with the examination, inspection, supervision, auditing or other regulations of the housing sponsor.
(7) DSHA may order any housing sponsor to do, or to refrain from doing, such things as may be necessary to comply with the provisions of the law, the rules and regulations of DSHA, and the terms of any contract or agreement to which the housing sponsor may be a party.
(8) DSHA may regulate the retirement of any capital investment or the redemption of stock where any such retirement or redemption, when added to any dividend or other distribution, shall exceed in any 1 fiscal year 10% of the original face amount of any investment by any housing sponsor.
(9) DSHA may prescribe regulations specifying the categories of cost which shall be allowable in the construction or rehabilitation of a housing development. DSHA shall require any housing sponsor to certify the actual housing development costs upon completion of the housing development, subject to audit and determination by DSHA. Notwithstanding this subdivision, DSHA may accept, in lieu of any certification of housing development costs, as provided herein, such other assurances of the said housing development costs, in any form or manner whatsoever, as will enable DSHA to determine with reasonable accuracy the amount of said housing development costs.
71 Del. Laws, c. 357, §  6;
2023 Delaware Code › Title 31 - Welfare › Chapter 40. THE DELAWARE STATE HOUSING AUTHORITY › Subchapter III. Housing Development Fund and Financing of Housing Developments › § 4034. Procedure prior to financing of housing developments undertaken by housing sponsors.

§ 4034. Procedure prior to financing of housing developments undertaken by housing sponsors.
Notwithstanding any other provisions of this chapter, DSHA is not empowered to finance any housing development undertaken by a housing sponsor pursuant to §§ 4031, 4032 and 4033 of this title, unless prior to the financing of any housing development hereunder DSHA finds:
(1) That there exists a shortage of decent, safe and sanitary housing at rentals or prices which persons and families of low-income or moderate-income can afford within the general housing market area to be served by the proposed housing development;
(2) That private enterprise and investment have been unable, without assistance, to provide the needed decent, safe and sanitary housing at rentals or prices which persons or families of low- and moderate-income can afford or to provide sufficient mortgage financing for residential housing for occupancy by such persons or families;
(3) That the housing sponsor or limited-profit housing sponsor or sponsors undertaking the proposed housing development in this State will supply well-planned, well-designed housing for persons or families of low- and moderate-income and that such sponsors are financially responsible;
(4) That the housing development to be assisted pursuant to this chapter will be of public use and will provide a public benefit;
(5) That the housing development will be undertaken within the authority conferred by this chapter upon DSHA and the housing sponsor or sponsors.
71 Del. Laws, c. 357, §  6;
2023 Delaware Code › Title 31 - Welfare › Chapter 40. THE DELAWARE STATE HOUSING AUTHORITY › Subchapter IV. Council on Housing › § 4041. Investigative powers; power to compel assistance of witnesses and production of books.

§ 4041. Investigative powers; power to compel assistance of witnesses and production of books.
(a) The Council may investigate the affairs of housing authorities and all urban renewal and rehabilitation activities by municipal, county and regional agencies and authorities and the dealings, transactions or relationships of such authorities with other persons. The Council may act through a committee of its members in conducting any of the investigations provided for in this chapter and the chairperson of any such committee shall have all the powers of the Council. Each member of the Council may administer oaths, take affidavits and make personal inspections of all places to which that member's duties relate. The Council may subpoena and require the attendance of witnesses and the production of books and papers pertaining to the investigations and inquiries authorized in this chapter and examine them in relation to any matter it has power to investigate and issue commissions for the examination of witnesses who are out of the State or unable to attend before the Council or are excused from attendance.
(b) The Council may hold hearings at such places and at such times as shall be determined by the Council to hear complaints on housing by any aggrieved person as contemplated by this chapter. The procedure outlined in subsection (a) of this section shall apply to such hearings. Written reports shall be rendered in all cases to the Housing Director within 10 days after such hearing. The notice of complaint by any aggrieved person shall be in writing stating the nature thereof and may be made to any member of the Council.
(c) Upon the failure of any person to comply with a subpoena duly issued by the Council, the Council may seek an order from the Superior Court of the county in which the person subpoenaed resides, has a place of business or can be found, to show cause why that person should not be held in contempt for failure to comply with the subpoena.
71 Del. Laws, c. 357, §  6;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 31 - Welfare › Chapter 40. THE DELAWARE STATE HOUSING AUTHORITY › Subchapter V. Delaware Housing Insurance Fund › § 4050. Delaware Housing Insurance Fund.

§ 4050. Delaware Housing Insurance Fund.
The Delaware Home Improvement Insurance Fund is renamed the Delaware Housing Insurance Fund. DSHA may insure upon such terms as it may prescribe, any mortgage consistent with the purposes of this chapter. Fees shall be established for said insurance in an amount sufficient to cover administrative costs accrued for this program as well as payments made where defaults on mortgages cause losses to lenders. DSHA, with approval of the Secretary of Finance and the Council on Housing, may borrow from the Delaware Housing Insurance Fund for any lawful purpose with respect to any housing program or financing with respect thereof.
71 Del. Laws, c. 357, §  6;
2023 Delaware Code › Title 31 - Welfare › Chapter 41. DELAWARE STATE HOUSING CODE › Subchapter I. Applicability and Adoption › § 4101. Title and scope.

§ 4101. Title and scope.
This chapter shall be known as the Delaware State Housing Code which establishes minimum property maintenance standards for structures covered by this chapter and is herein sometimes referred to as the “State Housing Code” or “Code” and shall apply to and include the entire State except as may be exempted by this chapter.
65 Del. Laws, c. 153, §  1;
2023 Delaware Code › Title 31 - Welfare › Chapter 41. DELAWARE STATE HOUSING CODE › Subchapter I. Applicability and Adoption › § 4102. Purpose.

§ 4102. Purpose.
This chapter is intended to protect the public safety, health and welfare in existing residential structures and on existing residential premises, as hereinafter provided by:
(1) Establishing minimum maintenance standards for existing residential structures and premises for basic equipment and facilities for light, ventilation, heat and sanitation; for safety from fire; for space; and for safe and sanitary maintenance of existing structures and premises;
(2) Fixing the responsibilities of owners, operators and occupants of all structures; and
(3) Providing for administration, enforcement and penalties.
65 Del. Laws, c. 153, §  1;
2023 Delaware Code › Title 31 - Welfare › Chapter 41. DELAWARE STATE HOUSING CODE › Subchapter I. Applicability and Adoption › § 4103. Applicability.

§ 4103. Applicability.
The State Housing Code shall apply to existing residential structures used for human habitation. The provisions are designed to eliminate or prevent substandard conditions with respect to structures, protect against fire hazards, provide for adequate space for light and air, provide for proper heating and ventilating and eliminate unsanitary conditions and overcrowding. Every portion of a building or premises used or intended to be used for residential purposes shall comply with this chapter, except hotels and motels serving transient guests only, migratory labor housing, rest homes, convalescent homes, nursing homes, recreational campers and civil defense shelters. For the purpose of this chapter, regulations by the State Department of Health and Social Services for Migratory Labor Camps will apply to migrant housing.
65 Del. Laws, c. 153, §  1;
2023 Delaware Code › Title 31 - Welfare › Chapter 41. DELAWARE STATE HOUSING CODE › Subchapter I. Applicability and Adoption › § 4104. Liberal interpretation.

§ 4104. Liberal interpretation.
The entire chapter shall be liberally interpreted so as to minimize displacement of persons whose dwelling units may deviate from this chapter's specifications but do not pose an imminent threat to the health, safety and general welfare of the occupants and other persons. Additionally, this chapter is to be liberally interpreted so as to minimize hardships to persons that inhabit or own dwelling units which deviate from this chapter's specifications but do not pose an imminent threat to the health, safety and general welfare of the occupants and other persons.
65 Del. Laws, c. 153, §  1;
2023 Delaware Code › Title 31 - Welfare › Chapter 41. DELAWARE STATE HOUSING CODE › Subchapter I. Applicability and Adoption › § 4105. Exemptions.

§ 4105. Exemptions.
(a) This chapter does not replace or modify requirements otherwise established for the construction, repair, alteration or use of buildings and facilities related thereto.
(b) Nothing in this chapter shall be deemed to abolish or impair existing rights or remedies of a county or municipality or its officers or agencies relating to the removal or demolition of any buildings which are deemed to be unsafe or unsanitary.
(c) The Delaware State Housing Code shall not apply to any existing single family owner-occupied residential structure. The provisions shall become and remain applicable upon the rental or sale of such residential structure after July 17, 1990. The Delaware State Housing Code shall not apply to any existing resort residential structure with an occupancy limited to the months of May through September inclusively.
(d) When there are practical difficulties involved in carrying out the provisions of this Code, such that the literal application of the requirements of the Code would cause undue hardship or the displacement of low income occupants with no affordable housing alternatives, the code official is permitted to vary or modify such provision or provisions upon written application of the owner or the owner's representative; provided, that the spirit and intent of the law shall be observed and public welfare and safety be assured.
(e) The State Housing Code shall not be administered in any community which has enacted its own code which contains minimum standards for the promotion and protection of the safety and health of the public which are equal to or exceed the standards established by subchapter II of this chapter and administration and enforcement procedures which are substantially equivalent to those set forth in subchapter III of this chapter, as determined by the Housing Director. At the request of any community which has adopted a housing code, the Housing Director shall provide written notice to the community of its determination, stating the reasons therefore. Provided, however, that if such community thereafter seeks to amend, alter or otherwise change its housing code, it shall provide the Housing Director with a copy of such proposed change. In such a case, the Housing Director shall notify such community in writing within 60 days of receipt of such proposed change of its determination whether such proposed change meets the standards set forth in this subsection, and, in such case, the State Housing Code shall not be administered in such community, notwithstanding such amendment or change.
65 Del. Laws, c. 153, §  1;  67 Del. Laws, c. 386, §§  1-3;
2023 Delaware Code › Title 31 - Welfare › Chapter 41. DELAWARE STATE HOUSING CODE › Subchapter I. Applicability and Adoption › § 4107. Adoption by reference.

§ 4107. Adoption by reference.
Any community in Delaware may adopt the State Housing Code as its own municipal or county housing code by reference to this title and chapter of the Delaware Code.
65 Del. Laws, c. 153, §  1;
2023 Delaware Code › Title 31 - Welfare › Chapter 41. DELAWARE STATE HOUSING CODE › Subchapter I. Applicability and Adoption › § 4108. Enforcement authority.

§ 4108. Enforcement authority.
It shall be the duty and responsibility of each community to enforce the State Housing Code throughout the confines of that municipality or county.
65 Del. Laws, c. 153, §  1;
2023 Delaware Code › Title 31 - Welfare › Chapter 41. DELAWARE STATE HOUSING CODE › Subchapter I. Applicability and Adoption › § 4109. Enforcement by State or community.

§ 4109. Enforcement by State or community.
In the event that after 3 years subsequent to the adoption of the State Housing Code by the General Assembly a community has not undertaken to enforce this chapter, the Housing Director, acting as the code official, may begin enforcement within that community, subject to this chapter. Any community may contract with another community to act on its behalf in the enforcement of this chapter.
65 Del. Laws, c. 153, §  1;  67 Del. Laws, c. 386, §  7;
2023 Delaware Code › Title 31 - Welfare › Chapter 41. DELAWARE STATE HOUSING CODE › Subchapter I. Applicability and Adoption › § 4110. Coordination of enforcement.

§ 4110. Coordination of enforcement.
Inspection of premises and the issuing of orders in connection therewith under this chapter shall be the exclusive responsibility of the code official. When, in the opinion of the code official, it is necessary or desirable to have inspections of any conditions by any other community or state agency, the code official shall arrange for this to be done in such a manner that the owners or occupants of the dwelling shall not be subjected to visits by numerous inspectors nor to multiple or conflicting orders. No order for correction of any violation under this section, when coordination of enforcement is required, shall be issued without the approval of the code official and, before issuing any such order, the code official shall obtain the concurrence of any other department or agency having jurisdiction thereover.
65 Del. Laws, c. 153, §  1;
2023 Delaware Code › Title 31 - Welfare › Chapter 41. DELAWARE STATE HOUSING CODE › Subchapter II. Minimum Conditions of Premises and Buildings › § 4111. General provisions.

§ 4111. General provisions.
This subchapter shall describe the minimum conditions of residential premises and buildings to be used for human occupancy. Every residential building or structure occupied by humans, except as exempted by §§ 4103 and 4105 of this title and its premises shall comply with the conditions and standards herein prescribed when a deviation from such conditions and standards poses an imminent threat to the health, safety and general welfare of the occupants and other persons. The code official may cause periodic inspections to be made of residential buildings and premises to secure compliance with these requirements.
65 Del. Laws, c. 153, §  1;
2023 Delaware Code › Title 31 - Welfare › Chapter 41. DELAWARE STATE HOUSING CODE › Subchapter II. Minimum Conditions of Premises and Buildings › § 4112. Premises conditions.

§ 4112. Premises conditions.
(a) Responsibility of owner. — The owner of buildings and premises shall maintain such buildings and premises in compliance with these requirements. A person shall not occupy as owner-occupant or let to another for occupancy or use premises which do not comply with the following requirements of this section.
(b) Vacant structures and land. — All vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause blight or adversely affect the public health or safety.
(c) Sanitation. — All premises shall be maintained in a clean, safe and sanitary condition free from any accumulation of rubbish or garbage.
(d) Containers. — Garbage, vegetable wastes or other putrescible materials shall be stored in leakproof containers, provided with close-fitting covers, for the storage of such materials until removed from the premises for disposal.
(e) Grading and drainage. — All premises shall be graded and maintained so as to prevent the accumulation of stagnant water thereon, or within any structure located thereon.
(f) Insect and rat control. — All premises shall remain free of insects, rats, vermin or other pests in all exterior areas of the premises. An owner shall be responsible for extermination, except that the occupant shall be responsible for such extermination in the exterior areas of the premises of a single-family dwelling. Extermination in the shared or public parts of the premises of other than a single-family dwelling shall be the responsibility of the owner.
(g) Noxious weeds. — All premises in predominately residential areas shall be kept free from weeds or plant growth which are noxious or detrimental to the public health and welfare and shall be trimmed to a height of not more than 12 inches.
(h) Exhaust vents. — Except as to previously existing and operating exhaust systems, no person shall construct, maintain or operate pipes, ducts, conductors, fans or blowers discharging gases, steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate wastes so as to discharge directly upon abutting or adjacent public or private property or property of another tenant.
(i) Accessory structures. — All accessory structures, including detached garages, fences and walls, shall be maintained structurally sound and in compliance with §§ 4113 and 4114 of this title.
(j) Motor vehicles. — All premises, except as provided in other regulations, shall not contain any unregistered or uninspected or junk vehicle that poses a threat to the health, safety and general welfare of the occupants or other persons. Not more than 2 currently unregistered or uninspected vehicles, owned by the occupants, that do not pose a threat to the occupants or other persons' health and safety shall be parked in a predominantly residential area. Said vehicles shall not be in a state of disassembly or disrepair.
65 Del. Laws, c. 153, §  1;
2023 Delaware Code › Title 31 - Welfare › Chapter 41. DELAWARE STATE HOUSING CODE › Subchapter II. Minimum Conditions of Premises and Buildings › § 4114. Interior structure.

§ 4114. Interior structure.
(a) In general. — The interior of a structure and its equipment shall be maintained structurally sound and in a sanitary condition so as not to pose a threat to the health and safety of the occupants and to protect the occupants from the environment.
(b) Structural members. — The supporting structural members of every building shall be maintained structurally sound, not showing any evidence of deterioration which would render them incapable of carrying the imposed loads.
(c) Interior surfaces. — Floors, walls, including windows and doors, ceilings and other interior surfaces shall be maintained in good, clean and sanitary condition.
(d) Lead-based paint. — Lead-based paint with a lead content of more than 0.5 percent shall not be applied to any interior or exterior surface of a dwelling or dwelling unit, including fences and outbuildings upon any premises.
(e) Bathroom and kitchen floors. — Every toilet, bathroom and kitchen floor surface shall be constructed and maintained so as to permit such floor to be easily kept in a clean and sanitary condition.
(f) Free from dampness. — Cellars, basements and crawl spaces shall be maintained free from standing water so as to prevent conditions conducive to decay or deterioration of the structure.
(g) Sanitation. — The interior of every structure shall be maintained in a clean and sanitary condition free from any accumulation of rubbish, refuse or garbage. Rubbish, garbage and other refuse shall be properly kept inside temporary storage facilities.
(h) Public halls and stairways. — Garbage or refuse shall not be allowed to accumulate or be stored in public halls or stairways.
(i) Insect and rat harborage. — All structures shall be kept free from insect and rat infestation, and where insects or rats are found they shall be promptly exterminated by acceptable processes which will not be injurious to human health. After extermination, proper precautions shall be taken to prevent reinfestation.
(j) Exit doors. — Every door available as an exit shall be capable of being opened easily from the inside.
(k) Exit facilities — Adequacy. — Stairs, porches, railings and other exit facilities shall be adequate for safety.
(l) Exit facilites — Maintenance. — All interior stairs and railings and other exit facilities of every structure shall be maintained in sound condition and good repair by replacing treads and risers that evidence excessive wear or are broken, warped or loose. Every inside stair shall be so constructed and maintained as to be safe to use and capable of supporting the anticipated loads.
65 Del. Laws, c. 153, §  1;
2023 Delaware Code › Title 31 - Welfare › Chapter 41. DELAWARE STATE HOUSING CODE › Subchapter II. Minimum Conditions of Premises and Buildings › § 4117. Heating, cooking and refrigeration facilities.

§ 4117. Heating, cooking and refrigeration facilities.
(a) Heating. — Every dwelling unit and guest room shall be provided with heating facilities capable of maintaining a room temperature of 65° F., at a point 3 feet above the floor and 3 feet from an exterior wall in all habitable rooms, bathrooms and toilet rooms.
(b) Cooking facilities. — In every dwelling unit that contains cooking and baking facilities for the purpose of preparation of food, such facilities shall be properly installed by the owner and operated and kept in a clean and sanitary working condition by the occupant.
(c) Refrigeration. — In every dwelling unit that contains a refrigeration unit for the temporary preservation of perishable foods, such unit shall be capable of maintaining an average temperature below 45° F. and shall be properly installed by the owner and operated and kept in a clean and sanitary working condition by the occupant.
(d) Cooking and heating equipment. — All cooking and heating equipment, components and accessories in every heating, cooking and water heating device shall be maintained free from leaks and obstructions and kept functioning properly so as to be free from fire, health and accident hazards.
(e) Installation. — All mechanical equipment shall be properly installed and safely maintained in good working condition and be capable of performing the function for which it was designed and intended.
(f) Flue. — All fuel-burning equipment designed to be connected to a flue, chimney or vent shall be connected in an approved manner.
(g) Clearances. — All required clearances from combustible materials shall be maintained.
(h) Safety controls. — All safety controls for fuel-burning equipment shall be maintained in effective operation.
(i) Combustion air. — A supply of air for complete combustion of the fuel and for ventilation of the space shall be provided to the fuel-burning equipment.
(j) Fireplaces. — Fireplaces and other devices intended for use similar to a fireplace, including wood-and-coal-burning stoves, shall be stable and structurally safe and connected to approved chimneys.
(k) Climate control. — When facilities for interior climate control (heating, cooling or humidity) are integral functions of structures used as dwelling units, such facilities shall be maintained and operated in a continuous manner in accordance with the designed capacity.
65 Del. Laws, c. 153, §  1;
2023 Delaware Code › Title 31 - Welfare › Chapter 41. DELAWARE STATE HOUSING CODE › Subchapter II. Minimum Conditions of Premises and Buildings › § 4118. Electrical facilities.

§ 4118. Electrical facilities.
(a) Outlets required. — Where there is electric service available to a structure, every habitable room of a dwelling unit and every guest room shall contain at least 2 separate and remote outlets, 1 of which may be a ceiling or wall type electric light fixture. In a kitchen, 3 separate and remote wall type electric convenience outlets or 2 such convenience outlets and 1 ceiling or wall type electric light fixture shall be provided. Every public hall, water closet compartment, bathroom, laundry room or furnace room shall contain at least 1 electric light fixture; in addition to the electric light fixture in every bathroom and laundry room, there shall be provided at least 1 electric outlet.
(b) Installation. — All electrical equipment, wiring and appliances shall be installed and maintained in a safe manner in accordance with all applicable laws. All electrical equipment shall be of an approved type.
(c) Correction of defective system. — Where it is found, in the opinion of the code official, that the electrical system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, improper fusing, insufficient outlets, improper wiring or installation, deterioration or damage or for similar reasons, the code official shall require the defects to be corrected to eliminate the hazard.
65 Del. Laws, c. 153, §  1;