Bill Text: DE HB311 | 2009-2010 | 145th General Assembly | Draft
Bill Title: An Act To Amend Title 25 Of The Delaware Code Relating To Manufactured Home Communities.
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Introduced - Dead) 2010-01-21 - Introduced in House and assigned to Manufactured Housing Committee [HB311 Detail]
Download: Delaware-2009-HB311-Draft.html
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SPONSOR: |
Rep. Longhurst & Sen. Ennis |
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Reps. Atkins, Carson, Q. Johnson, Kowalko, Schwartzkopf, Walls; Sen. Bunting |
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HOUSE OF REPRESENTATIVES 145th GENERAL ASSEMBLY |
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HOUSE BILL NO. 311 |
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AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO MANUFACTURED HOME COMMUNITIES. |
Section 1.Amend Title 25 of the Delaware Code by inserting a section 7024A as follows:
"§7024A.Application of Consumer Protections to Manufactured Home Community.
(a)To the extent there is no conflict with the provisions of this subchapter, the powers, remedies and penalties provided for in Title 6, Chapter 25, subchapters I, II, III, VIII, and XI; Title 25, Chapters 51, 53, 55, and 57; and Title 29, Chapter 25, subchapter II are hereby incorporated and made applicable to Title 25, Chapter 70, subchapter I.As such, the Attorney General's Office hereby shall have the explicit authority and power to apply, carry out, and enforce such laws and regulations in relation to Manufactured Homes and Manufactured Home Communities and Title 25, Chapter 70, subchapter I generally.
(b)The remedies and penalties provided for herein are not exclusive and shall be in addition to any other procedures, rights or remedies which exist with respect to any other applicable provisions of law.".
Section 2.Amend Title 25, section 7025 by adding the following subsections:
"(c)For purposes of this subchapter, 'pattern or practice' is conduct that is more than an isolated or accidental instance of conduct in violation of this Act; 'pattern or practice' is an intentional, regular and/or repeated violation of this Act that has occurred three (3) or more times within a twelve (12) month period.
(d)Upon a finding by the Attorney General's Office of a ‘pattern or practice' in violation of this Act, the Attorney General's Office shall provide notice to the party found to have violated this Act within 14 days of such finding, and a copy of such notice shall be provided contemporaneously therewith to all tenants in the affected Manufactured Home Community.
(e)Upon a finding by the Consumer Protection Unit that a landlord has violated this Act, the Consumer Protection Unit shall report such violation to the Delaware Better Business Bureau.".
SYNOPSIS
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By way of this Act, to the extent there is no conflict with the provisions of this subchapter, the powers, remedies and penalties provided for in Title 6, Chapter 25, subchapters I, II, III, VIII, and XI; Title 25, Chapters 51, 53, 55, and 57; and Title 29, Chapter 25, subchapter II are hereby incorporated and made applicable to Title 25, Chapter 70, subchapter I.As such, the Attorney General's Office hereby shall have the explicit authority and power to apply, carry out, and enforce such laws and regulations in relation to Manufactured Homes and Manufactured Home Communities and Title 25, Chapter 70, subchapter I generally. In addition, this Act amends Title 25, section 7025 by defining the term "pattern or practice" to mean an intentional, regular and/or repeated violation of this Act that has occurred three (3) or more times within a twelve (12) month period.Such violation shall be reported to the Delaware Better Business Bureau. |
