25 Del. C. ch. 55 § 5512A

(a) (1) The requirements under this section apply if money from any of the following is used to pay all or part of a tenant’s rent:

a. The Bureau of Community Corrections Special Services Fund under § 6533(g) of Title 11.

b. The Justice Reinvestment Fund for Reentry Services under § 1387(b) of Title 4.

c. Any other appropriation of state money for which eligibility is based on an individual’s need for housing after release from the custody of the Department of Correction or the Department of Services for Children, Youth and Their Families.

(2) For purposes of this section, “fund” means a source under paragraph (a)(1) of this section.

(b) (1) The person responsible for payments from a fund under subsection (a) of this section must give a landlord all of the following:

a. An explanation of the requirements under this section.

b. Information necessary to contact the fund, including a phone number and mailing address.

c. 1. The model discharge plan.

2. The Department of Health and Social Services, in consultation with the Department of Justice, shall develop the model discharge plan for use under this section.

(2) The information required under paragraph (b)(1) of this section must be provided to the landlord in writing, with or before making the first payment under subsection (a) of this section.

(c) Before a lease can be terminated under § 5502 or § 5513 of this title, the landlord must do all of the following in regard to the tenant for whom funding is received under subsection (a) of this section:

(1) Assist the tenant in completing a discharge plan that includes shelter or housing.

(2) Provide notice that the tenant’s lease is being terminated as follows:

a. To the person making payments from the fund under subsection (b) of this section.

b. If the landlord knows that the tenant is under the supervision of the Department of Correction, to the Department of Correction and the local law-enforcement agency.

(d) The contents of a complaint under § 5707 or § 5708 of this title must include a brief statement of how the landlord has complied with the requirements under subsection (c) of this section, including a copy of all required notices.

(e) (1) a. If a landlord fails to comply with the requirements under subsection (c) of this section, the landlord is debarred from receiving payments from any fund under subsection (a) of this section for 1 year.

b. The period of debarment under paragraph (e)(1)a. of this section begins the day after the person responsible for payments from that fund determines that the landlord failed to comply with the requirements under subsection (c) of this section.

(2) Within 5 days of determining that a landlord has failed to comply with the requirements under subsection (c) of this section, the person responsible for payments under paragraph (b)(1) of this section must provide written notice of the landlord’s debarment to all of the following:

a. That landlord.

b. Each fund under subsection (a) of this section.

c. Each tenant of that landlord who is receiving rental assistance from that fund.

(3) Within 5 days of receiving a notice under paragraph (e)(2)b. of this section, the person responsible for payments must provide notice of the landlord’s debarment to each tenant of that landlord who is receiving assistance from the fund.

(4) The notice to a tenant under paragraph (e)(2)c. or paragraph (e)(3) of this section must include the date that payments from the fund for that tenant’s rent will cease and the tenant’s options under subsection (f) of this section.

(f) If a landlord is debarred from receiving payments under subsection (e) of this section, the tenant is not responsible for share of the rent that was paid by the fund and may do any of the following:

(1) Continue the tenancy through the current rental agreement without payments from the fund. If the tenant continues the tenancy, the amount of rent is equal to the amount of the tenant’s share of the rent, calculated by subtracting the amount paid by the fund from the total rent under the rental agreement.

(2) Provide written notice that the tenant is terminating the lease. The effective date of a tenant’s lease termination under this paragraph (f)(2) may be any of the following:

a. Immediate.

b. No less than 30 days and no more than 60 days from the first day of the next month following the date of the notice. A tenant who provides notice under this paragraph (f)(2)b. may subsequently terminate the lease immediately.

(g) A violation of this section shall be deemed an unlawful practice under § 2513 of Title 6 and a violation of subchapter II of Chapter 25 of Title 6.