Delaware Code Title 25. Property § 7051A. Rent increase;  health or safety violations

(1) Completely resolve the condition that caused the notice to be issued.

(2) Fully comply with § 7020A of this title.

(1) A condition which the community owner knows or should know exists that is an “unsafe condition” as defined in § 7003 of this title.

(2) A community owner that received an official notice of an unsafe condition has not adequately fixed or eliminated the condition that caused the notice to be issued.

(3) A community owner did not comply with § 7020A of this title.

(1) To every resident in the community.

(2) To any homeowners' association for residents of the community, if one exists.

(3) DEMHRA.

(4) The Attorney General.

(5) DMHOA.

(e)(1) If a community owner has received an official notice of an unsafe condition under subsection (b) of this section or a finding has been made under subsection (c) of this section that an unsafe condition exists, a community owner may not increase the rent under § 7052, § 7052A, or § 7052B of this title unless the issue is resolved and the community owner complied with § 7020A of this title.

(2) If a community owner has received an official notice of an unsafe condition or has been subject to § 7020A of this title 3 times or more in 12 months for the same or substantially the same reason that has affected the same tenants, regardless of whether the unsafe condition was resolved, the community owner may not increase the rent under § 7052, § 7052A, or § 7052B of this title for at least 12 months after the resolution of the last such incident of an unsafe condition.

(f)(1) If a community owner has received an official notice of an unsafe condition under subsection (b) of this section which the community owner disputes, the community owner may file an action in the Justice of the Peace Court to show by a preponderance of the evidence that the condition for which the notice was issued did not exist at the time of the notice.

(2) A copy of the petition filed under this subsection must be sent by the community owner to all of the following:

(3) A resident in the community, a group of residents, or a homeowners' association for residents in the community may intervene to oppose the community owner's petition filed under this subsection.