Synopsis
This amendment does all of the following: 1. Strikes a “whereas” clause referencing a University of Delaware study. 2. Eliminates the “notice to terminate or not renew a tenancy” as a triggering event for the right to representation. 3. Eliminates the obligation for the Court to continue the matter if tenant is unrepresented. 4. Requires that a tenant in a case involving rental arrears must be immediately referred to the Delaware Housing Assistance Program, and that part of the legal representation will be assisting a covered individual to apply for and obtain rental assistance. 5. Eliminates the minimum amount of arrears required prior to filing a summary possession action and eliminates the right of redemption. With this amendment, § 5502 of Title 25 will not be changed at all by this Act. 6. Moves the residential eviction diversion program from a “pre-filing” program to “post-filing” and reduces time for a tenant to engage in eviction diversion from 30 to 15 days before conducting any additional proceedings in the case. The amendment preserves the exceptions that would allow a landlord to opt out of participation in the diversion program – i.e., where substantial or irreparable harm to person or property exist. 7. Eliminates the provision requiring a landlord who has already obtained a final judgment that was stayed during the COVID emergency to make a motion to obtain a writ of possession.