25 Del. C. ch. 56 § 5607
Implementation
Operative Text
(a) The Coordinator shall phase in, over a period of time ending no later than June 30, 2028, provided sufficient funding for full implementation is appropriated, in a manner that the Coordinator determines appropriate, the legal representation required to be provided under § 5602 of this title. (b) The Coordinator shall consider all of the following in determining how services are prioritized during the implementation period: (1) Prioritizing households that include a child or pregnant woman. (2) Prioritizing households with household income below 100% of federal poverty guidelines. (3) Prioritizing targeted zip codes with high eviction rates. (4) Prioritizing veterans or active duty members of the United States Armed Forces, including the National Guard or the reserves. (5) The availability of funding. (6) The availability of trained and qualified attorneys to provide legal representation. (7) Any other appropriate consideration. (c) The provision of legal representation to a covered individual is not intended to be the sole basis for a continuance of a covered proceeding scheduled before November 22, 2023 for a hearing on or after November 22, 2023.
Section 5607 of Delaware's residential landlord-tenant code establishes how the state's right-to-counsel program for eviction proceedings is to be rolled out over time. The Coordinator overseeing the program is directed to phase in legal representation services no later than June 30, 2028, contingent on sufficient funding being appropriated. During the phase-in period, the Coordinator must weigh specific priority factors—such as households with children, pregnant women, veterans, low-income households, and areas with high eviction rates—when deciding who receives services first. The provision also clarifies that the mere fact that a covered individual is entitled to legal representation was not intended, on its own, to justify postponing eviction hearings that were already scheduled around the program's November 22, 2023 effective date.
Plain English — not legal advice.
Under § 5607, the right-to-counsel program is being phased in gradually, meaning not every tenant in a covered proceeding will automatically have an attorney present during the implementation period. Landlords and property managers conducting eviction proceedings should be aware that the program's rollout is ongoing and that tenant representation may become more common as funding and attorney availability expand toward the 2028 deadline. Operators generally stay informed about which zip codes and tenant populations are being prioritized so they can anticipate the likelihood of represented tenants in proceedings they initiate.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 5607 sets out the timeline and priorities for Delaware's phased rollout of free legal representation in eviction cases, with full implementation targeted by June 30, 2028. During the phase-in period, services are directed first toward households with children, pregnant women, veterans, very low-income households, and residents in high-eviction zip codes, so eligibility for a free attorney may depend on where you live and your household circumstances. Tenants who believe they may qualify for representation under this program can reach out to local tenant-rights organizations or legal aid providers to learn whether services are currently available in their area under § 5607's implementation schedule.
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