(a) For purposes of this section:
- (1) “Committee” means the Rights and Responsibilities Guide for Landlords and Tenants Committee.
- (2) “Commission” means the Delaware Real Estate Commission.
- (3) “Guide” means the informational guide about the rights and responsibilities of landlords and tenants as required under this section and which must be distributed under § 5124 of Title 25.
- (b) The Committee is established as part of the Commission to make recommendations about and support the drafting, maintenance, and distribution of the guide.
(c) The guide must include, at a minimum, all of the following:
- (1) Information about the availability of renters insurance and flood insurance for tenants.
- (2) Where to find information about tenants’ rights to legal representation under Chapter 56 of Title 25.
- (3) Where to find information about the eviction diversion program under § 5702A of Title 25.
- (4) Information about lead-based paint disclosures, which may be required by federal, State, or local law.
- (5) Information about local requirements, which may include that the landlord must be licensed, the rental unit must be registered, and that rental unit inspections must occur.
- (6) Landlord and tenant obligations relating to bed bug infestation under Chapter 53 of Title 25.
- (7) Frequently asked questions and answers about landlord and tenant responsibilities.
- (8) Information about federal, State, and local fair housing laws.
- (9) Requirements relating to the installation and maintenance of smoke detectors and carbon monoxide detectors.
- (10) Information about requirements for landlord and tenant compliance with local ordinances, homeowner association or condominium requirements, or other applicable rules.
- (11) How to determine school district feeder patterns.
- (12) Where on the Commission’s website that the most current version of the guide can be found.
- (13) The date that the guide was adopted or amended.
(d) (1) The guide may be amended, including by updating the guide and adding additional information that is relevant to landlords and tenants.
- (2) The Committee shall review the guide annually and recommend to the Commission whether the guide should be retained without change or what, if any, amendments should be made.
- (3) The Commission may adopt and amend the guide by an affirmative vote of a majority of all Commission members.
- (4) The Committee shall monitor State law for any disclosures or document provision requirements that are applicable to landlords and tenants. The Committee may recommend that the Commission send a report to the General Assembly, as needed, with any recommendations for changes to the law to consolidate disclosures or documents into the guide. A report made under this paragraph (d)(4) must be submitted to the Chief Clerk of the House of Representatives, the Secretary of the Senate, and the Director and the Librarian of the Division of Legislative Services.
(e) The Committee consists of the following members:
(1) The following members serving by virtue of position, or a designee appointed by that member:
- a. Chairperson of the Commission.
- b. Delaware Right to Representation Coordinator of the Delaware Volunteer Legal Services.
- c. Director of the Fraud and Consumer Protection Division of the Department of Justice.
- d. President of the Delaware Association of Realtors.
- e. President of the Delaware Apartment Association.
- f. Director of Community Legal Aid Society, Inc.
- g. Executive Director of Housing Alliance Delaware.
- h. Executive Director of the Division of Human and Civil Rights.
- i. Director of the State Council for Persons with Disabilities.
- j. Executive Director of Legal Services Corporation of Delaware.
- k. Director of the Delaware State Housing Authority.
- l. Chief Magistrate of the Justice of the Peace Court.
- m. Manufactured Housing Ombudsperson of the Department of Justice.
- n. President of Greater Wilmington Housing Providers.
- (2) One member of the Commission, appointed by the Chairperson of the Commission.
(3) Three landlords, appointed by the Governor, as follows:
- a. One landlord with a residential rental property in New Castle County.
- b. One landlord with a residential rental property in Kent County.
- c. One landlord with a residential rental property in Sussex County.
- (f) A member serving by virtue of position who is granted the ability to designate another individual to attend a Committee meeting must provide the designation in writing to the Chair. An individual attending a meeting for a member as a designee has the same duties and rights as the member.
(g) (1) The Committee shall elect a Chair and a Vice Chair from among its members to serve 1-year terms.
- (2) The election of a Chair and Vice Chair occurs in January unless a vacancy in either position occurs, at which point the Committee shall elect a Chair or Vice Chair to serve until the next January election.
- (3) The Chair or Vice Chair may be removed from their position by an affirmative vote of at least 2/3 of the Committee members.
- (h) The Commission shall provide reasonable staff support and supplies to assist the Committee in performing its duties under this section.
(i) (1) A majority of the members must be present at a committee meeting in order to have a quorum. A vacancy on the Committee is not counted for purposes of a quorum.
- (2) Except for as provided in paragraph (g)(3) of this section, official action by the Committee, including making findings and recommendations, requires the affirmative vote of a quorum of the Committee.
(j) (1) The Committee may adopt procedural rules to carry out its functions under this section. If the Committee does not adopt rules or if the adopted rules do not govern a given situation, the current edition of Robert’s Rules of Order controls.
- (2) The Chair may invite individuals with relevant expertise to participate in committee discussions.
- (k) A member receives no compensation but may be reimbursed for the member’s actual and necessary expenses incurred in the performance of the member’s official duties.
- (l) (l) The Committee shall meet at least annually to keep the material in the guide current.
85 Del. Laws, c. 277, § 2