25 Del. C. ch. 54 § 5401
Definitions
Operative Text
For purposes of this chapter: (1) “Alternative housing” means as defined by the regulations promulgated by the Department and includes reasonable out-of-pocket expenses incurred as a result of relocating a tenant to the alternative housing such as rent charged for the alternative housing above the cost of the tenant’s existing unit, costs to move back and forth from the alternative housing, and storage costs for personal belongings. (2) “Constructed” means the date on which a construction permit was obtained. If no construction permit was obtained, it means the date that construction was started. (3) “Department” means the Department of Health and Social Services. (4) “Elevated blood lead level” means as defined in § 2601 of Title 16. (5) “Landlord” means the owner of a rental unit. (6) “Large property owner” means a person who owns or controls 20 or more rental units. (7) “Lead-based paint hazard” means as defined by regulations promulgated by the Department. (8) “Lead free” means that lead is not present in any form anywhere in the rental unit or premises. (9) “Lead inspector” means as defined in regulations promulgated by the Department. (10) “Lead safe” means that a lead inspector has determined that a rental unit and premises do not have a lead-based paint hazard at the time of the inspection. (11) “Owner” includes corporations, companies, associations, firms, partnerships, societies, and joint-stock companies, as well as individuals. (12) “Regularly visited” means visited at least 2 times a week for 3 or more hours at least 10 weeks per year. (13) “Rental unit” means as defined in § 5141 of Title 25. (14) “Rental unit constructed before” a given date means a rental unit for which a construction permit was obtained before that date. If no permit was obtained, it means that construction of the rental unit was started before that date. (15) “Significant economic burden” means the required expenditure would materially affect the landlord’s ability to maintain or operate the rental property. The Department must take the following factors into consideration when determining if an expenditure is a significant economic burden to the landlord: a. The total costs associated with lead abatement and remediation, including alternative housing. b. The overall financial resources of the landlord, including rental income, reserves, other sources of income, and financial obligations. c. The risk to tenant health and safety if the expenditure is delayed. (16) “Small property owner” means a person who own or controls 19 or fewer rental units.
Section 5401 of Title 25, Delaware Code, Chapter 54 establishes the foundational vocabulary used throughout Delaware's lead-based paint hazard law for rental housing. Key terms defined here include distinctions between 'lead free' (no lead present anywhere) and 'lead safe' (no lead-based paint hazard detected at time of inspection), as well as the threshold separating 'large property owners' (20 or more units) from 'small property owners' (19 or fewer). The definitions also clarify how construction dates are determined, what qualifies as 'alternative housing,' and how 'significant economic burden' is assessed — a multi-factor analysis the Department of Health and Social Services conducts when evaluating a landlord's required expenditures.
Plain English — not legal advice.
Under 25 Del. C. ch. 54 § 5401, property owners should be aware that their classification as either a 'large property owner' (20 or more rental units) or 'small property owner' (19 or fewer) may affect their obligations under the chapter. Compliant operators generally keep accurate records of construction permit dates for each rental unit, since those dates determine whether a unit falls under the chapter's lead-related requirements. Landlords seeking a 'significant economic burden' determination should understand that the Department of Health and Social Services weighs total abatement costs, the landlord's overall financial resources, and the risk to tenant health — not just the dollar amount of the expenditure.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 5401 of Title 25, Delaware Code, Chapter 54 sets out definitions that directly affect tenant protections, including what it means for a unit to be 'lead safe' versus 'lead free' — a distinction that matters when evaluating the condition of a rental unit. Tenants should be aware that 'alternative housing' under this provision can include reimbursable costs such as rent differences, moving expenses, and storage fees when relocation is required. Tenants who believe their unit may have a lead-based paint hazard can consult the Delaware Department of Health and Social Services for guidance on the regulations, or reach out to a tenant-rights organization for information on how these definitions apply 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.
Effective Timeline
References In
Rules and statutes that cite this regulation