DelawareHB 311153rd General Assembly (2024–2026)House

AN ACT TO AMEND TITLE 24 AND TITLE 25 OF THE DELAWARE CODE RELATING TO A RESIDENTIAL LANDLORD TENANT GUIDE.

Sponsored By: Kimberly Williams (Democratic)

Signed by Governor

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 1 benefits, 0 costs, 2 mixed.

New statewide rental guide for Delaware

The Delaware Real Estate Commission must create, maintain, publish, and distribute a statewide landlord and tenant guide. It covers renters and flood insurance, legal help and contact information, eviction diversion, and fair housing laws. It also explains lead paint disclosures, bed bug duties, smoke and carbon monoxide detectors, and local licensing, registration, and inspections. Other required topics include rental duties, neighborhood and building rules, school district assignments, and common questions and answers. The guide must list its adoption or update date and where to find the current version on the Commission’s website. A committee reviews it yearly and advises on updates and distribution; members include housing advocates, officials, and three landlords representing Delaware’s counties. The Commission supplies staff support and adopts or changes the guide by majority vote. It must also report to lawmakers on whether other required tenant notices can be included and recommend needed legal changes. The law took effect at enactment, but non-penalty implementation begins at the earlier of one year after enactment or a regulatory notice. That notice comes from the Division of Professional Regulation’s Director and certifies that lawmakers received the report and the guide was published. If implementation begins before the report is delivered, the report remains due within 180 days after enactment.

Rental guide offers limited legal protection

Individuals can refer to the guide for information in legal proceedings. Outdated or incorrect guide information generally cannot, by itself, support a lawsuit against an individual. Someone who relies on the guide in good faith can raise a fairness-based defense in court or administrative proceedings. This does not guarantee a win or create a new right to sue. These rules begin with the law’s non-penalty implementation.

Renters get guides; landlords face penalties

Landlords or real estate service providers must give prospective tenants the guide before entering rental agreements covered by Part III of Title 25. Prospective tenants must acknowledge receipt; both the guide and acknowledgment can be on paper or electronic. Landlords must also provide the guide at every renewal lasting at least one year. Providing the guide does not replace other required notices or documents, even with matching information, unless another law allows it. Failure to provide the guide is an unlawful practice under Delaware consumer protection law. Real estate service providers also face discipline for misrepresenting the guide’s availability or contents. Delivery duties begin with the law’s non-penalty implementation; penalties and the guide’s classification as a required form begin 180 days later.

Sponsors & Cosponsors

Sponsor

Kimberly Williams
Democratic • House

Cosponsors

Eric Buckson
Republican • Senate
Mara Gorman
Democratic • House
Kyra L. Hoffner
Democratic • Senate
Russell Huxtable
Democratic • Senate
Larry Lambert
Democratic • House
S. Elizabeth Lockman
Democratic • Senate
Spiros Mantzavinos
Democratic • Senate
Josue O Ortega
Democratic • House
John "Jack" Walsh
Democratic • Senate

Roll Call Votes

All Roll Calls

Yes: 48 • No: 4

Senate vote • 6/9/2026

Passed (SM required)

Yes: 19 • No: 0

House vote • 4/23/2026