Right to legal representation

# (a)

# (1)

a. Except as provided under paragraph (a)(2) of this section, a tenant has the right to legal representation as provided under this chapter if the tenant’s household income over the immediately preceding 12 months is not greater than 200% of the federal poverty guidelines, as established and updated periodically by the United States Department of Health and Human Services.

b. For the purpose of determining household income, a cosignor of a rental agreement and all members of the cosignor’s family who reside with the cosignor are included in the household income calculation if the tenant is a full-time student, as designated by the institution in which the tenant is enrolled.

# (2)

A tenant is not eligible to receive legal representation from a designated organization if any of the following apply:

a. The tenant’s landlord has an ownership interest in 3 or fewer rental units and is not represented by an attorney or an agent authorized by a rule of the Delaware Supreme Court.

b. A designated organization determines that there is a conflict of interest.

c. A designated organization declines representation for 1 or more of the following reasons:

1. A tenant does not comply with the application or representation process.

2. Rules of professional conduct warrant withdrawal.

3. An attorney deems the tenant’s defense or appeal to lack merit.

d. Other circumstances exist which make legal representation infeasible to render.

# (b)

A covered individual is entitled to receive legal representation from a designated organization in a covered proceeding and as soon as practicable after any of the following:

# (1)

A landlord provides a notice to the tenant as follows:

a. Under § 5502 of this title that rent is past due.

b. Under § 5513 of this title that the tenant has violated a material provision of the rental agreement.

c. Under § 5106 of this title that the rental agreement is terminated, if the rental agreement is 1 that may only be terminated for good cause or a material violation by the tenant.

# (2)

The initiation of a covered proceeding.

# (3)

The covered individual has been notified that the covered individual’s housing subsidy has been terminated.

# (4)

The determination by a designated organization that a proceeding arising from the landlord-tenant relationship on behalf of a covered individual should be initiated.

# (c)

A covered individual’s opportunity to receive legal representation must be provided by the time of a covered individual’s first scheduled appearance in a covered proceeding.

# (d)

In a case involving rental arrears, a covered individual shall immediately be referred by the covered individual’s legal representative to the Delaware Housing Assistance Program, or any successor rental assistance program, and shall receive assistance in applying for and obtaining housing assistance as part of the individual’s legal representation.

# (e)

The rights in this section are subject to, and qualified by, the availability of legal representation under § 5604 of this title and the implementation period under § 5607 of this title. An individual does not have a cause of action against the Coordinator or designated organization based on the unavailability of legal representation.