This concurrent resolution recognizes the month of June 2023 as Caribbean American Heritage Month in the State of Delaware.
This resolution recognizes June 2023 as National Homeownership Month in Delaware.
This concurrent resolution recognizes June 25, 2023 as World Vitiligo Day in Delaware.
This Act requires that parents and other persons under investigation for child abuse and neglect be given written and oral notice of the allegations made against them; the right to consult counsel prior to speaking with a DSCYF investigator; the right to refuse entry to the DSCYF investigator; the right to withhold consent to medical examinations of the children except as provided in Title 16, Section 906(e)(3); the right to refuse to submit to a drug test; and the right to consult legal counsel prior to signing a safety plan.
This Senate Concurrent Resolution recognizes the importance of community health workers as well as "Community Health Improvement Week" in the State of Delaware.
This Resolution proclaims June 19, 2023. as Juneteenth National Independence Day in Delaware and encourages the people of Delaware to reflect upon the significant roles and many contributions of African Americans and to celebrate this day with appropriate activities and events.
This Act prohibits municipal ordinances that require the eviction of tenants for criminal activity by a tenant, member of the tenant's household, or a guest. This Act does not change a landlord's ability to exercise discretion and evict a tenant for criminal activity or other material lease violations under § 5513 of Title 25 and is consistent with, and avoids conflicts with, the protections for victims of domestic abuse, sexual offenses, or stalking under § 5316 of Title 25. This Act is a recommendation of the African American Task Force, established under Senate Bill No. 260 (150th General Assembly). In addition, the 2020 Statewide Analysis of Impediments to Fair Housing Choice, a report produced by the Delaware State Fair Housing Consortium, lists the removal of crime-free housing ordinances and legislation banning such ordinances as one of its goals for ensuring that people within the protected classes have equal access to housing. Currently, at least 6 municipalities in Delaware have crime-free housing ordinances. Generally, these ordinances require landlords to include an addendum on their lease agreements prohibiting a tenant, member of the tenant’s household, or a guest from committing a criminal activity within a specified distance of their unit. If a tenant, member of the tenant’s household, or a guest commits a certain number of criminal activities within a specified time period, the landlord must initiate eviction proceedings. If a landlord does not file to evict the tenant, the landlord may lose their rental license. Crime-free housing ordinances are problematic for the following reasons: 1. The definition of criminal activity is generally vague and open to interpretation, and may include low-level offenses such as trespassing, loitering, and disorderly conduct. 2. The standard for what is considered criminal activity does not require an arrest or conviction, and instead, can consist of merely an allegation or contact with the police. 3. These ordinances penalize victims of crime for seeking help from the police. 4. These ordinances can result in evictions of tenants based upon racially motivated complaints by neighbors. This Act requires a greater than majority vote for passage because § 1 of Article IX of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend a charter issued to a municipal corporation.
This Senate Concurrent Resolution proclaims Monday, June 12, 2023, as “Women Veterans Day” in the State of Delaware.
The General Assembly previously restricted municipal, town, and city police departments from operating speed enforcement equipment outside of its corporate limits. This Act completely restricts the ability of municipal, town, and city police departments to make arrests for speeding that occurs outside of the municipality, town, or city’s corporate limits. This Act also defines “corporate limits” for the purposes of 21 Del. C. § 701. This Act requires a greater-than-majority vote for passage because Article IX, § 1 of the Delaware Constitution requires the affirmative vote of 2/3 of the members elected to each house of the General Assembly to enact or amend general incorporation laws and special acts of incorporation, including municipal charters. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
It is the policy of this State that meaningful sanctions be imposed upon those who allow dangerous conditions and defects to exist in leased premises and that an effective mechanism be established for repairing these conditions and halting their creation. This Act allows tenants to bring an action of rent escrow to pay rent into the court because of asserted defects or conditions. Alternatively, the tenant may refuse to pay rent and raise the existence of the asserted defects or conditions as an affirmative defense to an action for summary possession or an action for nonpayment of rent. This Act requires the tenant to give proper notice and allow the landlord the opportunity to effect repairs. This Act requires the court to make appropriate findings of fact and to make any order that justice of the case may require, which may include termination of the lease and return of the leased premises to the landlord, order that the action for rent escrow be dismissed, order that the amount of rent be reduced in amount determined by the court to be fair and equitable, or order the landlord to make the repairs or correct the conditions complained of by the tenant.
