25 Del. C. ch. 70 § 7062
Necessary parties defendant
Operative Text
(a) Petitioners shall join all of the following as defendants: (1) All parties duly disclosed to any of them in accordance with § 7066 of this title. (2) All parties whose interest in the property is a matter of public record, and whose interest in the property is capable of being protected in this proceeding. (b) Petitioners shall not be prejudiced by a failure to join any other interested parties.
Under 25 Del. C. ch. 70 § 7062, when a petitioner initiates a proceeding, they are required to name as defendants all parties who were properly disclosed under § 7066 and all parties whose property interest appears in the public record and can be addressed in the proceeding. Importantly, the rule also provides a safeguard: a petitioner's case is not harmed simply because some other interested party was not joined as a defendant. This provision balances the goal of bringing all relevant parties into the proceeding with protection for petitioners who may not be aware of every possible interested party.
Plain English — not legal advice.
Property owners and managers involved in proceedings under 25 Del. C. ch. 70 § 7062 generally ensure they have reviewed all disclosures made pursuant to § 7066 and conducted a public records search to identify parties with recorded interests in the property. Compliant operators typically name each such party as a defendant at the outset of the proceeding rather than waiting to be prompted. Because the provision shields petitioners from prejudice for omitting other interested parties, operators who make a good-faith effort to identify and join all required defendants are in a stronger procedural position.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 25 Del. C. ch. 70 § 7062, tenants and other parties with a recorded interest in a property have a right to be named as defendants in covered proceedings, provided their interest is a matter of public record and can be protected in the proceeding. If a tenant believes their interest was not properly recognized or that they should have been joined, they may wish to consult a tenant-rights organization or legal aid provider familiar with Delaware housing law to understand available options. The provision's protections around joinder can be relevant to how a proceeding unfolds, and understanding one's status as a necessary party may inform decisions about participation.
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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Rules and statutes that cite this regulation