HB 381

Abstract

This Act requires the Delaware Real Estate Commission to create a comprehensive, statewide rights & responsibilities guide (“guide”) for landlords and tenants. This guide will reference responsibilities that a tenant or landlord must follow, including federal, state, county, and municipal requirements. This guide is to be created with input from other housing-related organizations, as needed. The Commission may amend the guide, including to update it and to add additional information that is relevant to landlords and tenants. This Act also requires a landlord or real estate service provider to provide the guide to prospective tenants entering into a landlord-tenant relationship governed under Part III of Title 25. The guide must also be provided at the time a rental agreement is renewed if the renewal is for a term of 1 or more years. The guide may be provided in electronic or paper format. The guide is deemed a statutorily required form under 24 Del. C. § 2912. Real estate service providers may be subject to discipline for misrepresenting the availability or content of the required form. Additionally, failure to provide the guide when required is deemed an unlawful practice under § 2513 of Title 6 and a violation of Subchapter II of Chapter 25 of Title 6. This Act is effective upon enactment into law and, except for the penalty provisions, is to be implemented the earlier of the following: (1) One year from the date of the Act’s enactment. (2) Notice by the Director of the Division of Professional Regulation published in the Register of Regulations that the guide this Act creates has been published by the Delaware Real Estate Commission. Penalty provisions are to be implemented 180 days after the remainder of the Act is implemented.