Delaware Manufactured Home Owner Attorney Fund

# (a)

The Delaware Manufactured Home Owner Attorney Fund is established through funding provided under § 7042 of this title to provide legal representation and advocacy for manufactured homeowners in disputes with community owners.

# (b)

The Department of Justice must enter into a contract, under the requirements of subchapter VI, Chapter 69 of Title 29, for a person to assist and represent manufactured homeowners in disputes with community owners with matters that include all of the following:

# (1)

Providing educational materials and presentations for manufactured homeowners on their rights as manufactured homeowners.

# (2)

Forming a homeowners association.

# (3)

Defending an eviction.

# (4)

Enforcing a breach of a lease agreement by a community owner.

# (5)

Remedying the failure of a community owner to maintain communities in a manner consistent with local, state, and federal health and safety rules, regulations, and laws.

# (6)

Challenging a potentially unenforceable term in a lease agreement.

# (7)

Challenging a potentially unenforceable community rule.

# (8)

Challenging a rent increase under subchapter III of this chapter, if all of the following apply:

a. The proposed rent increase is 3% or higher plus the CPI-U as defined in § 7052 of this title.

b. The challenge is requested by either of the following:

1. The homeowners association that represents 25% or more of the homeowners.

2. A simple majority or more of the homeowners who received notice of the proposed rent increase under § 7043 of this title, calculated based on 1 vote for each home that received notice.

# (c)

Not less than quarterly, the Authority shall issue a voucher to the Division of Revenue directing the Division of Revenue to issue a check to the Department of Justice in the amount of the assessments collected under § 7042(g)(1)d. of this title.

# (d)

The Department of Justice shall file an annual report with the General Assembly October 1 of each year that shall provide all of the following information as of the end of the prior fiscal year:

# (1)

The amount in the Attorney Fund.

# (2)

The amount that was spent in the previous year.

# (3)

The number of cases the contracted attorney worked on in the previous year.

# (4)

The number of manufactured homeowners who were represented by the contracted attorney in the previous year.