25 Del. C. ch. 70 § 7052A
Rent increase; justified base rent increase calculations
Operative Text
(a) (1) This section applies to a lease when notice of a rent increase is provided on or after July 1, 2022. (2), (3) [Repealed.] (b) (1) If a community owner is in compliance with § 7051A of this title, a community owner may increase rent under 1 of the following: a. Paragraph (c)(2) of this section, based on the CPI-U. b. Subsection (d) of this section, based on the market rent. c. Notwithstanding subsections (c) and (d) of this section, a community owner and a homeowner may, under a separate written agreement, mutually agree to a rent increase effective for longer than 1 calendar year. (2) In addition to a rent increase under paragraph (b)(1) of this section, a community owner may increase rent under § 7052B of this title, if the community owner includes a written reservation of rights as follows: a. In the notice for a rent increase under paragraph (c)(2) or subsection (d) of this section. b. In the agreement to a rent increase under paragraph (b)(1)c. of this section. (c) (1) a. For purposes of this section, “24-month CPI-U” means the average annual increase of the CPI-U for the most recently available preceding 24-month period. b. The Delaware State Housing Authority shall monitor updates to the CPI-U and within 5 days after new CPI-U data is released, calculate the 24-month CPI-U and report the 24-month CPI-U to DEMHRA. (2) A community owner may increase rent in an amount that does not exceed the following: a. If the 24-month CPI-U is equal to or below 6.1%, by 3.5% of the rent plus 50% of the 24-month CPI-U up to an amount that does not exceed 6.1%. b. If the 24-month CPI-U exceeds 6.1%, by the 24-month CPI-U. (3) Notwithstanding paragraphs (c)(1) and (c)(2) of this section, in periods of extremely high inflation, community owners are further restricted from increasing rent in a single year as follows: a. If the calculation under paragraph (c)(2) of this section would result in a rent increase between 6.1% and 8%, a community owner must limit the rent increase to 6.1%. b. If the calculation under paragraph (c)(2) of this section would result in an increase greater than 8%, a community owner must limit the rent increase to 6.1% plus 50% of the 24-month CPI-U above 6.1%. (4) a. If the community owner must reduce the rent increase due to paragraph (c)(3) of this section, the community owner may apply the difference between the percentage increase calculated under paragraph (c)(2) of this section and the amount applied under paragraph (c)(3) of this section in the next 12-month rent increase period so long as it would not cause the rent to increase beyond the limits contained in paragraph (c)(3) of this section. b. A community owner may continue to carry forward any rent increase percentage not applied under paragraph (c)(4)a. of this section until such rent increase percentage has been applied in a future year. (5) a. Before providing notice of a rent increase under this subsection, a community must receive certification from DEMHRA that the rent increase is in compliance with paragraph (c)(2) of this section, as follows: 1. At least 20 days before providing notice of the rent increase, a community owner must submit written notice of this rent increase to DEMHRA and the Consumer Protection Division of the Department of Justice. 2. Within 10 days of receiving the notice under paragraph (c)(5)a.1. of this section, DEMHRA shall provide a written reply to the community owner that either provides certification that the proposed rent increase complies with paragraph (c)(2) of this section or states that the proposed rent increase cannot be certified. b. A community owner must provide a copy of the certification under paragraph (c)(5)a.2. of this section with the notice of the rent increase. c. If DEMHRA does not provide certification under paragraph (c)(5)a.2. of this section, a community owner must submit a new notice under paragraph (c)(5)a.1. of this section before increasing rent under this subsection. (6) The Superior Court has jurisdiction over disputes under this subsection (c). (d) (1) A community owner may increase rent to bring the amount of rent to a market rent. (2) Section 7053 of this title applies to a rent increase under this subsection. (3) A rent increase under this subsection must be phased in equally as follows: a. Over 7 years, if the increase under paragraph (d)(1) of this section is an amount that equals 50% or less of the rent on the date of the notice of the rent increase. b. Over 10 years, if the increase under paragraph (d)(1) of this section is an amount that equals more than 50% of the rent on the date of the notice of the rent increase.
Section 7052A of Title 25 of the Delaware Code, effective for rent-increase notices issued on or after July 1, 2022, establishes two primary pathways through which a manufactured-home community owner may raise lot rent: one tied to a formula based on the Consumer Price Index for All Urban Consumers (CPI-U) over a 24-month period, and one tied to market rent. Under the CPI-U pathway, the allowable increase is capped by a tiered formula, and during periods of very high inflation additional limits apply, though unused increase percentages may be carried forward to future years. Under the market-rent pathway, any increase must be phased in gradually over either seven or ten years depending on its size, and the separate procedures of § 7053 also apply.
Plain English — not legal advice.
Community owners operating under § 7052A must choose between the CPI-U-based and market-rent-based increase pathways, and compliance with § 7051A is a prerequisite for either. For a CPI-U increase, operators generally obtain advance certification from DEMHRA—submitting written notice to both DEMHRA and the Consumer Protection Division of the Department of Justice at least 20 days before issuing the rent-increase notice—and include a copy of that certification with the notice sent to homeowners. Operators who wish to preserve the ability to pursue additional capital-improvement-related increases under § 7052B typically include a written reservation of rights in the same notice or agreement.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Homeowners in Delaware manufactured-home communities have the right under § 7052A to receive a rent-increase notice that complies with strict procedural and substantive limits, including a required DEMHRA certification for CPI-U-based increases and a multi-year phase-in for market-rent-based increases. If a notice appears to lack the required certification, exceed the applicable percentage caps, or skip the phase-in schedule, a homeowner may raise those issues as a potential violation—the Superior Court has jurisdiction over disputes arising under the CPI-U provisions of this section. Tenant-rights organizations and legal aid services familiar with Delaware manufactured-housing law can help homeowners understand whether a specific notice meets the requirements of § 7052A.
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.
Effective Timeline
References In
Rules and statutes that cite this regulation