Delaware House approved tenant ‘bill of rights’

(The Center Square) — Delaware lawmakers have approved a tenant “bill of rights” supporters say will provide more protection for renters facing eviction and help mediate disputes with landlords.

The Democratic-led proposal, unanimously approved by the Senate on Wednesday, would give tenants a right to taxpayer-funded representation in eviction proceedings and creates a pre-trial diversion program aimed at resolving landlord-tenant disputes before they reach a courtroom. The House approved the bill on a 25-12 vote on Tuesday.

Backers of the bill said it is designed to help "level the playing field" between landlords and Delaware’s 100,000-plus renters, about 20% of whom face eviction each year.

“Facing the loss of your home is a traumatic event that can have devastating impacts on families and individuals," said state Rep. Minor-Brown, D-New Castle, one of the bill's co-sponsors. "The impact of this type of disruption can last a lifetime and lead to costs that ripple through our economy, our health care and criminal justice systems, and our society."

If signed by Gov. John Carney, the bill would establish a residential eviction diversion program modeled after Delaware’s Residential Mortgage Foreclosure Mediation Program, which has helped more than 62% of participants stay in their homes.

It would also create a new Right to Representation Coordinator post appointed by the Attorney General and authorized to contract with nonprofits to offer legal representation by an attorney or non-attorney advocate to tenants facing eviction proceedings. Renters' household income must be less than 200% of the federal poverty guidelines to qualify.

The proposal exempts “mom and pop” landlords who rent three or fewer family-owned properties and are not represented by an attorney. It also doesn't guarantee counsel when an attorney review deems the tenant’s case is frivolous.

Last month, the Joint Finance Committee included $1.3 million in seed funding for the program in the fiscal 2024 operating budget, which will be voted on later this month.

A 2020 study by the University of Delaware’s Biden School of Public Policy found that 14 tenants in Delaware are evicted from their homes on an average day – a rate 2% points higher than the national average. At $45 per case, eviction filings are relatively inexpensive and easy for Delaware landlords to file.

Senate Majority Leader Bryan Townsend, the bill's primary sponsor, said the measure will make housing "more stable for hundreds of Delaware families who otherwise would have been unfairly evicted based entirely on their inability to afford adequate legal counsel."

"Helping those families stay in their homes will help parents stay employed, help children stay in school, and reduce the costs that ripple across our economy, our healthcare system and our courts," Townsend said in a statement.