Definitions

# (1)

“Agreement” means a written rental agreement.

# (2)

“Authority” or “DEMHRA” means the Delaware Manufactured Home Relocation Authority.

# (3)

“Common area” means shared land or facilities within a manufactured home community over which the landlord retains control.

# (4)

“Community owner” or “landlord” means the owner of 2 or more manufactured home lots offered for rent. It includes a lessor, sublessor, park owner, or receiver of 2 or more manufactured home lots offered for rent, as well as any person, other than a lender not in possession, who directly or indirectly receives rents for 2 or more manufactured home lots offered for rent and who has no obligation to deliver such rents to another person.

# (5)

“CPI-U” means the Consumer Price Index for All Urban Consumers in the Philadelphia-Camden-Wilmington region.

# (6)

“DMHOA” means the Delaware Manufactured Homeowners’ Association.

# (7)

“Guest” or “visitor” means a person who is not a tenant or resident of a manufactured home community and who is on the premises of the manufactured home community with the express or implied permission of a tenant or resident of the community.

# (8)

“Heir” means someone who obtains an interest in a manufactured home as the result of the death of another person. This includes obtaining an interest through a will, intestate succession, or transfer on death designation.

# (9)

“Holdover” means a tenant who retains possession of a rented lot in a manufactured home community after the termination, nonrenewal, or expiration of a rental agreement governing the rented lot.

# (10)

“Homeowner” or “tenant” means an owner of a manufactured home who has a tenancy of a lot in a manufactured home community; a lessee.

# (11)

“Landlord” or “community owner” means the owner of 2 or more manufactured home lots offered for rent. It includes a lessor, sublessor, park owner, or receiver of 2 or more manufactured home lots offered for rent, as well as any person, other than a lender not in possession, who directly or indirectly receives rents for 2 or more manufactured home lots offered for rent and who has no obligation to deliver such rents to another person.

# (12)

“Lease” or “rental agreement” means a written contract between a landlord and a tenant establishing the terms and conditions whereby a manufactured home is placed upon or is allowed to remain upon a rented or leased lot in a manufactured home community.

# (13)

“Manufactured home” means any of the following:

a. A factory-built, single-family dwelling that is all of the following:

# 1.

Transportable in 1 or more sections, which is either 8 body feet or more in width and 40 body feet or more in length, or, when erected on site, has more than 400 square feet in living area.

# 2.

With or without a permanent foundation and designed to be used as a year-round dwelling when connected to the required utilities.

# 3.

If manufactured since June 15, 1976, built in accordance with manufactured home construction requirements promulgated by the federal Department of Housing and Urban Development (HUD) or by other applicable codes. “Manufactured home” is synonymous with “mobile home”, “trailer”, and similar terms used elsewhere in this title.

b. A home consisting primarily of a camper trailer, recreational vehicle, motor home, or similar vehicle or trailer designed to serve as a mobile, temporary residence if all of the following are true:

1. The camper trailer, recreational vehicle, motor home, or similar vehicle or trailer is located in a manufactured home community that contains at least 2 manufactured homes as defined by paragraph (13)a. of this section or contained 2 such homes at the time the tenant obtained title to the camper trailer, recreational vehicle, motor home, or similar vehicle or trailer.

2. The camper trailer, recreational vehicle, motor home, or similar vehicle or trailer is the primary residence of the tenants.

3. At the time the current tenant obtained title to the camper trailer, recreational vehicle, motor home, or similar vehicle or trailer; the camper trailer, recreational vehicle, motor home, or similar vehicle or trailer was not mobile and could not reasonably be returned to a condition where it would be mobile.

c. Homes defined as a manufactured home under paragraph (13)b. of this section shall be considered manufactured homes for the purpose of applying the provisions of this chapter to those homes’ lot leases except that:

1. Homes defined as manufactured homes under paragraph (13)b. of this section shall not be considered manufactured homes for purposes of zoning, taxation, or any other purpose unless the home meets an applicable definition of a manufactured home other than paragraph (13)b. of this section.

2. Lot leases for homes defined as manufactured homes under paragraph (13)b. of this section are not transferable under § 7013 of this title.

# (14)

“Manufactured home community” means a parcel of land where 2 or more lots are rented or offered for rent for the placement of manufactured homes. Manufactured home community is synonymous with “mobile home park,” “trailer park,” and “trailer court.”

# (15)

“Market rent” means that rent which would result from market forces absent an unequal bargaining position between the community owner and the homeowners. In determining market rent, relevant considerations include rents charged to recent new homeowners entering the subject manufactured home community or by comparable manufactured home communities, or both. To be comparable, a manufactured home community must be within the competitive area and must offer similar facilities, services, amenities, and management.

# (16)

“Notice” means a written announcement, warning or other communication delivered to or served upon a person, as designated in statute.

# (17)

“Official notice of an unsafe condition” means a citation, charge, indictment, notice of violation or similar notice, or a finding of fact or conclusion of law issued by any court, administrative agency, county, or municipality that a violation of a requirement under this chapter or of federal, state, county, or municipal law or regulation, which relates to water, sewer, or utilities distributed by the community owner, exists.

# (18)

“Premises” means the rented lots in a manufactured home community, the structures upon them, and the facilities and appurtenances thereon, as well as the grounds, common areas, and facilities held out for the use of the tenants and residents generally or whose use is contracted for between landlord and tenant.

# (19)

“Quiet enjoyment” includes the peaceful possession of the premises in a manufactured home community without unwarranted disturbance.

# (20)

“Recreational vehicle” means a travel trailer, camping trailer, park trailer, camper, camper motor home or similar accommodation which is primarily designed as temporary living quarters for recreational camping or for seasonal or travel use and which either has its own motor power or is mounted on or drawn by another vehicle.

# (21)

“Related party” means any of a person’s parents, spouse, children, and siblings of the whole and half-blood.

# (22)

“Rent” means money paid by a tenant to a landlord for the possession, use and enjoyment of a rented lot and other parts of the premises in a manufactured home community pursuant to a rental agreement. For purposes of summary possession, rent includes late fees for rent, other fees and charges, including utility charges, and the tenant’s share of the Delaware Manufactured Home Relocation Trust Fund assessment.

# (23)

“Rental agreement” or “lease” means a written contract between a landlord and a tenant establishing the terms and conditions whereby a manufactured home is placed upon or is allowed to remain upon a rented or leased lot in a manufactured home community.

# (24)

“Resident” means a person who resides in a manufactured home located in a manufactured home community. A resident may or may not be a tenant.

# (25)

“Seasonal property” means a parcel of land operated as a vacation resort on which 2 or more lots are rented or offered for rent for the placement of manufactured homes or other dwellings used less than 8 months of the year. A seasonal property is characterized by a lack of availability of year-round utilities and by the fact that its tenants have primary residences elsewhere.

# (26)

“Standing water” means motionless water, not flowing in a stream, tide, or current, that has not dissipated within 48 hours after cessation of precipitation.

# (27)

“Tenant” or “homeowner” means an owner of a manufactured home who has a tenancy of a lot in a manufactured home community; a lessee.

# (28)

“Tree” for the purpose of this chapter means a woody, perennial plant at least 25 feet in height or with a main stem a minimum of 6 inches in diameter.

# (29)

“Trust Fund” means the Delaware Manufactured Home Relocation Trust Fund.

# (30)

“Unsafe condition” means a condition within a manufactured home community that threatens or has threatened the life, health, or safety of a resident, visitor, or guest of the manufactured home community.

# (31)

“Utility charge” means a charge by a landlord or others to a tenant for a service, such as water, sewer, electricity, fuel, propane, cable television, or trash.

# (32)

“Utility service” means a service provided by a landlord or others to a tenant for a service, such as water, sewer, electricity, fuel, propane, cable television, or trash.