Bill Text: DE SB123 | 2015-2016 | 148th General Assembly | Draft
Bill Title: An Act To Amend Title 25 Of The Delaware Code Relating To Rent Justification.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2016-04-19 - SS 1 for SB 123 - Re-Assigned to Community/County Affairs Committee in Senate [SB123 Detail]
Download: Delaware-2015-SB123-Draft.html
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SPONSOR: |
Sen. Ennis & Rep. Carson |
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Sen. Bushweller; Rep. Lynn |
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DELAWARE STATE SENATE 148th GENERAL ASSEMBLY |
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SENATE BILL NO. 123 |
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AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO RENT JUSTIFICATION. |
AMEND Title 25 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 7042.Rent Justification
(d) A community owner shall not:
(1) incorporate the cost of a civil penalty, criminal
fine, or litigation-related costs for rent-related proceedings into rent
charged under any circumstance.;
(2) A
community owner also shall not utilize as justification for any future
rental increase the cost of capital improvements or rehabilitation work, once
that cost has been fully recovered by rental increases that were incorporated
into a prior rental increase in excess of CPI-U, where the prior rental
increase was properly implemented under this subchapter.;
(3) assess as increased rent the costs of capital improvements or rehabilitation work for a period of time except for the period of time over which that community owner may claim the depreciation costs of those capital improvements or rehabilitation work for federal income tax purposes;
(4) assess as increased rent an amount up to or equal to the CPI-U without justification unless that rent increase is the only rent increase assessed.
SYNOPSIS
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This bill clarifies the intent of the original Rent Justification legislation with respect to the CPI-U and allows for community owners to recoup certain capital costs as increased rent without increasing base rent in perpetuity. |
Author:Senator Ennis
