HB 191

  • Delaware House Bill
  • 152nd General Assembly (2023-2024)
  • Introduced in House Jun 25, 2024
  • Passed House Jun 29, 2023
  • Passed Senate Jun 26, 2024
  • Governor

An Act To Amend Title 25 Of The Delaware Code Relating To The Landlord Tenant Code.

Abstract

This substitute bill provides more clarity on the process by which a tenant may file an action in the Justice of the Peace Court to withhold rent payments in escrow. Specifically, the bill provides what the tenant must file in order to bring such action and how such actions proceed in court. This substitute bill also provides the remedy of termination of lease when the conditions of the rental unit threatens the life, health, or safety of the tenant or a member of the tenant’s household. This substitute bill also clarifies the appeal process for actions to withhold rent payments in escrow. This substitute bill also provides a tenant the right to raise as an affirmative defense to an action for summary possession filed by the landlord that a condition exists that threatens the life, health, or safety of the tenant or a member of the tenant’s household if the tenant satisfies specific requirements. If the Court determines that the tenant has satisfied those requirements, the Court may order that in lieu of summary possession, the tenant pay all base monthly rent owed to the landlord to an escrow account established by the Court. The Court may order the landlord to remedy the conditions alleged by a specific date. If both the landlord and tenant comply with the Court’s order, the amount held in escrow will be paid to the landlord within 30 days, and no judgment for possession shall be entered. Finally, this substitute bill provides that the Act will take effect 180 days after its enactment into law in order to provide the Justice of the Peace Court sufficient time to enact rules to implement the Act.

Bill Sponsors (8)

Votes


Jun 26, 2024

Jun 29, 2023

Actions


Jun 30, 2024

House

Laid On Table in House

Jun 26, 2024

Senate

Reported Out of Committee (Finance) in Senate with 4 On Its Merits

  • Committee-Passage
Finance

Senate

Passed By Senate. Votes: 16 YES 4 NO 1 NOT VOTING

Senate

Amendment SA 4 to HS 1 - Passed By Senate. Votes: 16 YES 4 NO 1 NOT VOTING

Senate

Amendment SA 1 to SA 4 - Passed By Senate. Votes: 20 YES 1 NOT VOTING

Senate

Amendment SA 3 to HS 1 - Stricken in Senate

Senate

Amendment SA 2 to HS 1 - Stricken in Senate

Senate

Amendment SA 1 to HS 1 - Stricken in Senate

House

Amendment SA 1 to SA 4 - Introduced and Placed With Bill

House

Amendment SA 4 to HS 1 - Introduced and Placed With Bill

Jun 25, 2024

Senate

Assigned to Finance Committee in Senate

  • Introduction
  • Referral-Committee
Finance

Senate

Reported Out of Committee (Housing & Land Use) in Senate with 5 On Its Merits

  • Committee-Passage
Housing & Land Use

House

Amendment SA 3 to HS 1 - Introduced and Placed With Bill

Jun 12, 2024

House

Amendment SA 2 to HS 1 - Introduced and Placed With Bill

May 30, 2024

House

Amendment SA 1 to HS 1 - Introduced and Placed With Bill

Jun 29, 2023

Senate

Assigned to Housing & Land Use Committee in Senate

  • Introduction
  • Referral-Committee
Housing & Land Use

House

Passed By House. Votes: 22 YES 1 NO 2 NOT VOTING 16 ABSENT

House

Amendment HA 1 to HS 1 - Passed In House by Voice Vote

Jun 28, 2023

House

Amendment HA 1 to HS 1 - Introduced and Placed With Bill

Jun 21, 2023

House

Reported Out of Committee (Appropriations) in House with 5 On Its Merits

  • Committee-Passage
Appropriations

Jun 15, 2023

House

Reported Out of Committee (Housing) in House with 6 Favorable, 1 On Its Merits

  • Committee-Passage
  • Committee-Passage-Favorable
Housing

House

Assigned to Appropriations Committee in House

  • Introduction
  • Referral-Committee
Appropriations

Jun 08, 2023

House

Adopted in lieu of the original bill HB 191, and Assigned to Housing Committee in House

  • Introduction
  • Referral-Committee
Housing

Bill Text

Bill Text Versions Format
Bill Text PDF HTML
HA 1 to HS 1 for HB 191 HTML PDF
SA 4 to HS 1 for HB 191 HTML PDF
SA 1 to SA 4 to HS 1 for HB 191 HTML PDF

Related Documents

Document Format
Fiscal Note PDF

Sources

Data on Open States is updated periodically throughout the day from the official website of the Delaware General Assembly.

If you notice any inconsistencies with these official sources, feel free to file an issue.