22 Del. C. § 802 § 802
Applicability of chapter; grant of power
Operative Text
Every municipal corporation in this State containing a population of at least 1,000 persons as shown by the last official federal decennial census may proceed as set forth in this chapter to amend its municipal charter and may, subject to the conditions and limitations imposed by this chapter, amend its charter so as to have and assume all powers which, under the Constitution of this State, it would be competent for the General Assembly to grant by specific enumeration and which are not denied by statute. This grant of power does not include the power to enact private or civil law governing civil relationships except as an incident to an exercise of an independent municipal power, nor does it include power to define and provide for the punishment of a felony.
Section 802 of Title 22 of the Delaware Code establishes which municipal corporations in Delaware are eligible to expand their governing authority through charter amendment. Municipalities with a population of at least 1,000 residents, as measured by the most recent federal decennial census, may amend their charters to take on broad powers—essentially any power the state legislature itself could grant, unless a state statute specifically denies it. However, this grant of authority has two firm outer limits: municipalities cannot use it to create private or civil law governing civil relationships (except as a byproduct of an otherwise valid municipal power), and they cannot define or punish felonies.
Plain English — not legal advice.
Under 22 Del. C. § 802, a qualifying Delaware municipality may adopt local ordinances—including those touching on housing and rental matters—through charter amendment, provided the municipality meets the 1,000-person population threshold. Property owners and managers operating in Delaware municipalities should be aware that local regulations may carry authority derived from this broad grant of power, meaning local housing rules can be as binding as state law where not preempted. Staying current with charter amendments and locally enacted ordinances in each municipality where properties are held is a practice consistent with compliance under this framework.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 22 Del. C. § 802 is the foundational provision that allows Delaware municipalities of sufficient size to enact and enforce local laws, which can include tenant protections, housing codes, and rental regulations adopted through charter amendment. If a local ordinance affects your rental situation, its legal authority may trace back to this provision, making it relevant to understand when researching whether a local rule is validly enacted. Tenant-rights organizations and local rent or housing boards in your municipality can be useful starting points for understanding what local powers have been exercised under this grant of authority.
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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