Delaware’s commitment to improving tenant protections and addressing unsafe living conditions is evident in the introduction of House Bill No. 191.
Sponsored by Representative Dorsey Walker, this bill seeks to amend Title 25 of the Delaware Code, specifically the Landlord Tenant Code. The bill empowers tenants to bring actions to the Justice of the Peace Court (JP Court) when dangerous conditions exist in leased premises, while also allocating resources to facilitate the implementation of this Act.
House Bill No. 191 allows tenants to initiate legal actions in the JP Court when they allege that a landlord has permitted dangerous conditions and defects in their leased premises. By providing tenants with mechanisms for repairing these conditions and halting their creation, the bill ensures that tenants’ safety and well-being are prioritized the bill reads. The JP Court will play a role in this process by making findings of fact and issuing necessary orders to address the identified issues.
Recognizing the impact of this Act on the JP Court’s workload, the bill includes provisions for additional resources to accommodate the anticipated increase in hearings and transactions. The JP Court estimates that it will require an additional Magistrate and Judicial Case Processor in each county to handle the additional workload effectively. The costs associated with these resource allocations are as follows:
- Fiscal Year 2024 Costs:
- Recurring Costs: $279,894
- This includes personnel costs for six months, covering salaries, health insurance, and other employee-related expenses for 3.0 FTE JP Court Magistrates and 3.0 FTE Judicial Case Processors.
- Office and related supplies and materials needs are estimated at $1,000.
- One-Time Costs: $17,220
- This includes expenses for computer and technology equipment, office furniture, and other startup costs for the newly created positions.
- Additionally, programming costs for updates and implementation of the JP Court’s civil case processing system are anticipated, but the exact amount is indeterminable.
- Subsequent Years:
- Fiscal Year 2025: Recurring Operating Expense: $569,944
- Fiscal Year 2026: Recurring Operating Expense: $581,323
Funding and Appropriations:
To support the implementation costs associated with House Bill No. 191, the proposed Fiscal Year 2024 Appropriations Act and Fiscal Year 2024 One-Time Supplemental Appropriations Act include appropriations of $269,600 and $17,200, respectively. However, the utilization of these funds is contingent upon the passage of this legislation.