31 Del. C. ch. 44 § 4400
Petition for custodianship
Operative Text
For any Delaware State Housing Authority financed housing development, as defined by § 4001(15) of this title, the Delaware State Housing Authority may petition for the establishment of a custodianship with the Court of Chancery upon the grounds that there has existed for 5 days or more after notice to the landlord and owner: (1) A lack of heat, lack of running water, lack of light, lack of electricity or lack of adequate sewage facilities and the rental agreement or any state or local statute, code, regulation or ordinance places a duty upon the landlord to so provide; (2) Unsound financial condition or conditions, such that operational needs are not being met, due to mismanagement and/or malfeasance or the transaction of business without proper authority in violation of Chapter 40 of this title, and/or the rules and regulations of the Delaware State Housing Authority; or (3) Any other condition or conditions imminently dangerous to the life, health or safety of the tenants.
Under 31 Del. C. ch. 44 § 4400, the Delaware State Housing Authority has the power to ask the Court of Chancery to place a qualifying housing development under a court-supervised custodianship. This remedy becomes available when serious problems — such as loss of heat, water, electricity, or sewage service; financial mismanagement; or conditions that immediately endanger tenant life, health, or safety — have persisted for at least five days after the landlord and owner have been notified. The provision applies specifically to housing developments financed by the Delaware State Housing Authority, as that term is defined elsewhere in the statute.
Plain English — not legal advice.
Operators of Delaware State Housing Authority-financed developments should be aware that § 4400 gives the Authority a direct path to court-supervised custodianship if essential services fail or financial mismanagement is found. A compliant operator generally maintains continuous provision of heat, running water, electricity, and adequate sewage, and keeps financial management in line with Chapter 40 of Title 31 and the Authority's rules and regulations. Because the five-day clock begins upon notice to the landlord and owner, operators who receive any such notice typically treat it as requiring immediate corrective action.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants living in Delaware State Housing Authority-financed developments may benefit from the protections in § 4400, which allows the Authority — not individual tenants — to petition the Court of Chancery for custodianship when serious habitability or safety conditions persist. If you are experiencing loss of heat, water, electricity, sewage service, or other conditions that feel immediately dangerous, you may consider reporting those conditions directly to the Delaware State Housing Authority so it can evaluate whether the grounds for a § 4400 petition exist. Tenant-rights organizations in Delaware can help explain what documentation to gather and what other local or state remedies may run alongside this provision.
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
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