31 Del. C. ch. 44 § 4402
Defenses
Operative Text
It shall be a sufficient defense to this proceeding if any defendant of record establishes that: (1) The condition or conditions described in the petition do not exist at the time of the hearing; (2) The condition or conditions alleged in the petition have been caused by the negligent acts of 1 or more of the tenants or members of tenants’ families, or by persons on the premises with his, her or their consent; or (3) Such condition or conditions would have been corrected, were it not for the refusal by tenant or tenants to allow reasonable access to the property in order for the landlord and/or the landlord’s agent to take timely corrective action.
Under 31 Del. C. ch. 44 § 4402, a defendant in a housing-condition proceeding can defeat the petition by showing one of three things: that the complained-of conditions no longer existed at the time of the hearing, that the conditions were caused by the negligence of a tenant, a tenant's family member, or someone the tenant allowed onto the property, or that the landlord would have fixed the conditions but was blocked from doing so because the tenant refused to allow reasonable access for repairs. These defenses shift the focus from whether a problem existed to who bears responsibility for it or whether it has already been resolved. Each defense is evaluated based on the facts presented at the hearing.
Plain English — not legal advice.
Property owners and managers responding to a housing-condition petition under 31 Del. C. ch. 44 § 4402 generally document the current state of the property, the history of repair efforts, and any communications with tenants about access. Operators who can show that conditions were remediated before the hearing, that tenant conduct caused the problem, or that repair attempts were frustrated by denied access may be able to establish a statutory defense. Maintaining written records of repair requests, access notices, and completed work is a practice commonly associated with being able to substantiate these defenses.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 31 Del. C. ch. 44 § 4402, tenants should be aware that a landlord or other defendant in a housing-condition proceeding may raise defenses claiming the conditions no longer exist, were caused by tenant negligence, or could not be fixed because access was refused. Tenants who have documented the conditions—through photographs, written complaints, or communications with the landlord—may be better positioned to respond to these defenses at a hearing. Tenant-rights organizations and legal aid services can help tenants understand how these defenses work and what evidence may be relevant to their situation.
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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