25 Del. C. ch. 70 § 7046
Delaware Manufactured Home Owner Attorney Fund
Operative Text
(a) The Delaware Manufactured Home Owner Attorney Fund is established through funding provided under § 7042 of this title to provide legal representation and advocacy for manufactured homeowners in disputes with community owners. (b) The Department of Justice must enter into a contract, under the requirements of subchapter VI, Chapter 69 of Title 29, for a person to assist and represent manufactured homeowners in disputes with community owners with matters that include all of the following: (1) Providing educational materials and presentations for manufactured homeowners on their rights as manufactured homeowners. (2) Forming a homeowners association. (3) Defending an eviction. (4) Enforcing a breach of a lease agreement by a community owner. (5) Remedying the failure of a community owner to maintain communities in a manner consistent with local, state, and federal health and safety rules, regulations, and laws. (6) Challenging a potentially unenforceable term in a lease agreement. (7) Challenging a potentially unenforceable community rule. (8) Challenging a rent increase under subchapter III of this chapter, if all of the following apply: a. The proposed rent increase is 3% or higher plus the CPI-U as defined in § 7052 of this title. b. The challenge is requested by either of the following: 1. The homeowners association that represents 25% or more of the homeowners. 2. A simple majority or more of the homeowners who received notice of the proposed rent increase under § 7043 of this title, calculated based on 1 vote for each home that received notice. (c) Not less than quarterly, the Authority shall issue a voucher to the Division of Revenue directing the Division of Revenue to issue a check to the Department of Justice in the amount of the assessments collected under § 7042(g)(1)d. of this title. (d) The Department of Justice shall file an annual report with the General Assembly October 1 of each year that shall provide all of the following information as of the end of the prior fiscal year: (1) The amount in the Attorney Fund. (2) The amount that was spent in the previous year. (3) The number of cases the contracted attorney worked on in the previous year. (4) The number of manufactured homeowners who were represented by the contracted attorney in the previous year.
Section 7046 of Delaware's manufactured home law establishes the Delaware Manufactured Home Owner Attorney Fund, which is financed through assessments collected under the same chapter and administered through a contract managed by the Department of Justice. The fund pays for legal representation and advocacy services covering a broad range of disputes between manufactured homeowners and community owners, including eviction defense, lease enforcement, health and safety complaints, and challenges to certain rent increases. The Department of Justice is required to report annually to the General Assembly each October on the fund's balance, expenditures, and the number of homeowners served.
Plain English — not legal advice.
Under 25 Del. C. § 7046, community owners should be aware that manufactured homeowners in Delaware have access to state-funded legal representation for disputes arising from lease terms, community rules, eviction proceedings, and rent increases meeting specific thresholds. Operators who maintain communities in compliance with local, state, and federal health and safety standards and who follow the lease and rent-notice requirements of Chapter 70 are generally better positioned when disputes arise. Knowing that a contracted attorney may represent homeowners or their associations in formal challenges can inform how community owners document their practices and communications.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 7046 establishes a dedicated fund that pays for a contracted attorney to provide manufactured homeowners in Delaware with free legal representation and educational resources across a wide range of disputes with community owners. Covered matters include defending against eviction, enforcing lease obligations, addressing health and safety failures, and challenging rent increases of 3% or more above the CPI-U when supported by a homeowners association representing at least 25% of residents or a simple majority of notified homeowners. Manufactured homeowners seeking to understand how to access these services may contact the Delaware Department of Justice or a local tenant-rights organization for general information about the program.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 22, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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