Senate Bill No.

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

Senate Bill No.

Senate Bill No.

What This Bill Does

• Senate Bill No.
• 40 adds a new subsection (c) to § 7005 of Title 25.
• Under the new subsection (c), a pattern or practice of violations of the provisions of subchapters I through V of Chapter 70, or a pattern or practice by a landlord of a provision of a rental agreement shall be deemed an unlawful practice under § 2513 of Title 6 and a violation of subchapter II of Chapter 25 of Title 6 if certain facts are true, for example: (1) The violation was not the direct result of a condition caused by the want of due care by the tenant, a member of the family, or any other person on the premises with the tenant’s consent; and (2) The landlord had actual or constructive notice of the condition that caused the violation.
• This amendment removes the language that allows the landlord to be held accountable if the landlord had “constructive notice” of the violation, and preserves the language holding the landlord accountable if the landlord had "actual notice" of the violation.

Limits and Unknowns

• This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Official Summary Text

Senate Bill No. 40 adds a new subsection (c) to § 7005 of Title 25. Under the new subsection (c), a pattern or practice of violations of the provisions of subchapters I through V of Chapter 70, or a pattern or practice by a landlord of a provision of a rental agreement shall be deemed an unlawful practice under § 2513 of Title 6 and a violation of subchapter II of Chapter 25 of Title 6 if certain facts are true, for example: (1) The violation was not the direct result of a condition caused by the want of due care by the tenant, a member of the family, or any other person on the premises with the tenant’s consent; and (2) The landlord had actual or constructive notice of the condition that caused the violation. This amendment removes the language that allows the landlord to be held accountable if the landlord had “constructive notice” of the violation, and preserves the language holding the landlord accountable if the landlord had "actual notice" of the violation.

Current Bill Text

Legislation Document

SPONSOR:

Sen. Walsh

DELAWARE STATE SENATE

153rd GENERAL ASSEMBLY

SENATE AMENDMENT NO. 1

TO

SENATE BILL NO. 40

AMEND Senate Bill No. 40 on line 19 by deleting “

or constructive

”.

SYNOPSIS

Senate Bill No. 40 adds a new subsection (c) to § 7005 of Title 25. Under the new subsection (c), a pattern or practice of violations of the provisions of subchapters I through V of Chapter 70, or a pattern or practice by a landlord of a provision of a rental agreement shall be deemed an unlawful practice under § 2513 of Title 6 and a violation of subchapter II of Chapter 25 of Title 6 if certain facts are true, for example: (1) The violation was not the direct result of a condition caused by the want of due care by the tenant, a member of the family, or any other person on the premises with the tenant’s consent; and (2) The landlord had actual or constructive notice of the condition that caused the violation. This amendment removes the language that allows the landlord to be held accountable if the landlord had “constructive notice” of the violation, and preserves the language holding the landlord accountable if the landlord had "actual notice" of the violation.

Author: Senator Walsh