31 Del. C. ch. 41 § 4105
Exemptions
Operative Text
(a) This chapter does not replace or modify requirements otherwise established for the construction, repair, alteration or use of buildings and facilities related thereto. (b) Nothing in this chapter shall be deemed to abolish or impair existing rights or remedies of a county or municipality or its officers or agencies relating to the removal or demolition of any buildings which are deemed to be unsafe or unsanitary. (c) The Delaware State Housing Code shall not apply to any existing single family owner-occupied residential structure. The provisions shall become and remain applicable upon the rental or sale of such residential structure after July 17, 1990. The Delaware State Housing Code shall not apply to any existing resort residential structure with an occupancy limited to the months of May through September inclusively. (d) When there are practical difficulties involved in carrying out the provisions of this Code, such that the literal application of the requirements of the Code would cause undue hardship or the displacement of low income occupants with no affordable housing alternatives, the code official is permitted to vary or modify such provision or provisions upon written application of the owner or the owner’s representative; provided, that the spirit and intent of the law shall be observed and public welfare and safety be assured. (e) The State Housing Code shall not be administered in any community which has enacted its own code which contains minimum standards for the promotion and protection of the safety and health of the public which are equal to or exceed the standards established by subchapter II of this chapter and administration and enforcement procedures which are substantially equivalent to those set forth in subchapter III of this chapter, as determined by the Housing Director. At the request of any community which has adopted a housing code, the Housing Director shall provide written notice to the community of its determination, stating the reasons therefore. Provided, however, that if such community thereafter seeks to amend, alter or otherwise change its housing code, it shall provide the Housing Director with a copy of such proposed change. In such a case, the Housing Director shall notify such community in writing within 60 days of receipt of such proposed change of its determination whether such proposed change meets the standards set forth in this subsection, and, in such case, the State Housing Code shall not be administered in such community, notwithstanding such amendment or change.
Section 4105 of 31 Del. C. ch. 41 carves out several categories of properties and situations from the Delaware State Housing Code's reach. Owner-occupied single-family homes are exempt until they are rented or sold after July 17, 1990, and seasonal resort residences occupied only from May through September are also excluded. Additionally, local communities that have adopted their own housing codes meeting or exceeding state standards may administer their own rules in place of the state code, and a hardship waiver process exists when strict application of the code would cause undue burden or displace low-income residents.
Plain English — not legal advice.
Under § 4105, landlords operating rental properties that were previously owner-occupied should be aware that the Delaware State Housing Code became applicable upon the first rental or sale after July 17, 1990, meaning those properties are no longer shielded by the owner-occupant exemption. Operators facing genuine practical difficulties in meeting code requirements may submit a written application to the code official requesting a variance, provided the request demonstrates that the spirit of the law and public safety will still be upheld. Landlords in municipalities with locally adopted housing codes should confirm with the Housing Director whether their community's code has been determined to meet or exceed state standards, as that determination governs which set of rules applies to their properties.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 4105 clarifies that tenants renting properties in Delaware are generally protected by the Delaware State Housing Code, even if the home was once owner-occupied, as long as it was rented or sold after July 17, 1990. Tenants living in communities with a locally adopted housing code should be aware that local standards must meet or exceed state minimums, meaning their protections cannot fall below the baseline set by 31 Del. C. ch. 41. Tenants who believe a code variance was improperly granted—or that their housing fails to meet applicable standards—may explore filing a complaint with the relevant local or state housing authority, or consult a tenant-rights organization for guidance on available remedies.
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 Out
No outbound references recorded yet for this provision.
References In
Rules and statutes that cite this regulation