31 Del. C. ch. 41 § 4103
Applicability
Operative Text
The State Housing Code shall apply to existing residential structures used for human habitation. The provisions are designed to eliminate or prevent substandard conditions with respect to structures, protect against fire hazards, provide for adequate space for light and air, provide for proper heating and ventilating and eliminate unsanitary conditions and overcrowding. Every portion of a building or premises used or intended to be used for residential purposes shall comply with this chapter, except hotels and motels serving transient guests only, migratory labor housing, rest homes, convalescent homes, nursing homes, recreational campers and civil defense shelters. For the purpose of this chapter, regulations by the State Department of Health and Social Services for Migratory Labor Camps will apply to migrant housing.
Section 4103 of Delaware's State Housing Code (31 Del. C. ch. 41) establishes that the code applies to all existing residential buildings used for human habitation, with the goal of eliminating substandard structural conditions, fire hazards, inadequate light and air, poor heating and ventilation, unsanitary conditions, and overcrowding. The code covers every part of a building or property used for residential purposes, though certain categories—including hotels and motels serving only transient guests, migratory labor housing, rest homes, convalescent homes, nursing homes, recreational campers, and civil defense shelters—are explicitly excluded. Migrant housing specifically falls under the jurisdiction of the State Department of Health and Social Services regulations rather than this chapter.
Plain English — not legal advice.
Under § 4103 of 31 Del. C. ch. 41, operators of residential rental properties in Delaware are generally expected to maintain every portion of their buildings and premises in compliance with the State Housing Code's baseline standards, which address structural integrity, fire safety, light and air, heating and ventilation, sanitation, and occupancy levels. Operators of hotels, motels serving only transient guests, rest homes, convalescent homes, nursing homes, recreational campers, or civil defense shelters are not subject to this chapter, but those running any other form of residential housing typically are. Compliant operators routinely assess their properties against the code's requirements to ensure conditions do not fall into the substandard categories the chapter is designed to prevent.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 4103 of 31 Del. C. ch. 41 establishes that tenants living in residential structures in Delaware—other than those in the explicitly excluded categories such as hotels serving only transient guests or nursing homes—are entitled to housing that meets the State Housing Code's minimum standards for structure, fire safety, light, air, heating, ventilation, and sanitation. If a tenant believes their housing falls short of these baseline requirements, general enforcement paths can include filing a complaint with the local code enforcement authority or contacting a tenant-rights organization familiar with Delaware housing law. Tenants may also be able to raise a violation of this chapter as a relevant factor in housing-related legal proceedings.
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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