HB 455

Abstract

This Act creates a 10-year program to address the lack of affordable housing in Delaware by establishing statewide limitations on the amount that rent can be increased as follows: 1. When a rental agreement is renewed, the rent increase may not exceed 5% of the previous rent unless the 36-month average annual increase of the Consumer Price Index for All Urban Consumers (CPI-U) is greater than 5%. If the 36-month CPI-U is greater than 5%, the rent may be increased by no more than 7% of the previous rent. 2. For a new rental agreement, the amount rent can be increased from the previous rent is as follows: • If the amount of the previous rent is equal to or exceeds the Fair Market Rent (FMR), the rent may not exceed the previous rent plus the amount allowed for a rent increase for the renewal of a rental agreement. • If the amount of the previous rent plus 7% of the FMR equals or exceeds the FMR, the rent may not exceed the previous rent plus the amount allowed for a rent increase for the renewal of a rental agreement. • If the amount of the previous rent plus 7% of the FMR equals less than the FMR, the rent may not exceed the previous rent plus 7% of the FMR. The limitations on the amount of rent under this Act do not apply to any of the following: • Owner-occupied structures with 2 dwelling units. • Rental agreements when the amount of a tenant's rent is governed by federal regulations or guidelines. • A rental unit that has not been subject to a rental agreement during the previous 12-month period. This Act requires that the Delaware State Housing Authority (DSHA) annually do all of the following: • Calculate and publish the 36-month CPI-U for New Castle County and for Kent and Sussex counties. • Publish the FMR for each county. • Create and publish an explanation of the limitations on the amount of rent under this Act. • Compile a report regarding the effectiveness of the limits on the amount of rent under this Act. This Act also requires that DSHA establish procedures to annually collect and analyze rental housing data in this State to measure the supply and availability of rental housing, including the amount of rent for rental units and other operating characteristics. Beginning January 1, 2026, landlords must annually provide specific data for rental units to DSHA. If a landlord refuses or fails to comply with the data reporting requirement, the penalty for the first occurrence is a warning and opportunity to comply and for subsequent violations, a civil penalty that does not exceed $150 for each occurrence. Finally, if House Bill No. 381 (152nd) is also enacted, this Act requires that Delaware Real Estate Commission’s comprehensive, statewide rights & responsibilities guide for landlords and tenants include information about requirements related to reporting rental unit data and the website where this data is published. Under existing law, this Act does not apply to leases of lots for manufactured homes under Ch. 70 of Title 25. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.