Delaware lawmakers passed a bill Wednesday that would give tenants the right to representation during eviction proceedings.
This bill has been a priority for Democrats this session, particularly after Gov. John Carney vocalized support for the bill earlier this year. Senate Majority Leader Bryan Townsend has tried to pass previous versions of this legislation since 2021.
The chamber previously passed the bill in April but voted on it again Wednesday after it passed the House of Representatives this week with an amendment. It now heads to the governor’s desk.
BACKGROUND:2 years after this blind man was wrongly evicted, what’s happening with suit, tenant bill?
The legislation provides legal representation to those whose household income is less than 200% of the federal poverty guidelines. It also creates a pretrial diversion program, with the hopes of resolving tenant-landlord disputes before they ever reach the courtroom.
The bill does offer some protections for landlords. It exempts landlords who rent three or fewer family-owned properties and are not represented by an attorney. It also does not guarantee counsel when an attorney review determines that the tenant does not have a case.
A University of Delaware study estimated that before the pandemic, 14 tenants in the state were evicted every day. Just 2% of tenants have legal representation in eviction proceedings.
Two years ago, this issue gained attention throughout the state when then-Southbridge resident William Murphy and his daughters were wrongfully evicted from their homes, forcing them to leave behind personal items including an urn with Murphy’s wife’s ashes.
The family, who has moved to Maryland, has filed a federal lawsuit against the state and the landlord.
