25 Del. C. ch. 71 § 7103
Requisites for conversion
Operative Text
(a) The conversion to multiple-unit usage of any real property on which a manufactured home community is situated shall be permitted only where the vacancy rate of manufactured home sites in the affected local community constitutes 5 percent or more of all manufactured home sites available; or the ratio of multiple-unit manufactured home housing is 25 percent or less of all manufactured home sites available in the affected community all as established according to the records of the appropriate municipal board of assessment and planning and zoning commission or county board of assessment and planning and zoning commission, as the case may be. (b) No real property on which a manufactured home is located shall be converted into multiple-unit usage unless at least 35 percent of the tenants at the date the conversion plan is filed with the recorder of deeds have agreed to the proposed conversion; provided, however, that in the event of any vote or tally, there shall be only 1 vote for each manufactured home site. (c) No real property on which a manufactured home community is located shall be converted into multiple-unit usage if the rent for any tenant has been raised during the 6-month period immediately prior to the preliminary notice.
Section 7103 of Delaware's Manufactured Home Communities Act establishes three distinct threshold conditions that must all be satisfied before a manufactured home community can be converted to multiple-unit usage. First, the local vacancy rate for manufactured home sites must be at least 5 percent, or the proportion of multiple-unit manufactured home housing must be 25 percent or less of available sites, as determined by the relevant municipal or county assessment and planning records. Second, at least 35 percent of tenants residing in the community at the time the conversion plan is filed with the recorder of deeds must have agreed to the conversion, with each site counting as one vote. Third, no conversion may proceed if any tenant's rent was increased during the six-month period immediately before the preliminary notice of conversion was issued.
Plain English — not legal advice.
Property owners and community operators considering a conversion under 25 Del. C. ch. 71 § 7103 generally verify local vacancy and housing-ratio data through the appropriate municipal or county board of assessment and planning and zoning commission before initiating any conversion process. Compliant operators also secure documented agreement from at least 35 percent of tenants—counted one vote per site—prior to filing a conversion plan with the recorder of deeds. Operators who have raised any tenant's rent within the six months preceding the preliminary notice will find that § 7103(c) bars the conversion from moving forward, making rent-increase timing a critical operational consideration.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 25 Del. C. ch. 71 § 7103, tenants in a manufactured home community have meaningful procedural protections against conversion, including the right to have their agreement—or refusal—counted in the required 35 percent consent threshold, with each site receiving exactly one vote. Tenants who received a rent increase within the six months before a preliminary conversion notice may have grounds to challenge the conversion's validity under § 7103(c). Residents who believe a conversion is proceeding without meeting these statutory requirements may consider contacting a tenant-rights organization, raising the violation as a defense in any related legal proceeding, or consulting with the recorder of deeds' office to review the filed conversion plan.
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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