Title 25, Property

§ 7054. Appeal [For application of this section, see 79 Del. Laws, c. 304, § 7 and 80 Del. Laws, c. 229, § 3]. The community owner, the homeowners’ association, or any affected homeowner may appeal the decision of the arbitrator under § 7053(k) of this title, within 30 days of th…

§ 7055. Penalties [For application of this section, see 79 Del. Laws, c. 304, § 7]. A community owner who raises a homeowner’s rent without complying with this subchapter, must immediately reduce the rent to the amount in effect before the unauthorized increase and rebate the una…

§ 7056. Exemption [For application of this section, see 79 Del. Laws, c. 304, § 7]. (a) Resident-owned communities shall be exempt from the provisions of this subchapter. (b) Any deed subject to lease community shall be exempt from the provisions of this subchapter. A deed subjec…

§ 7061. Petition for receivership. (a) Any tenant, or group of tenants, or the Attorney General, may petition for the establishment of a receivership in a Justice of the Peace Court upon the grounds that there has existed for 5 days or more after notice to the landlord of any of …

§ 7062. Necessary parties defendant. (a) Petitioners shall join all of the following as defendants: (1) All parties duly disclosed to any of them in accordance with § 7066 of this title. (2) All parties whose interest in the property is a matter of public record, and whose intere…

§ 7063. Defenses. It shall be a sufficient defense to this proceeding if any defendant of record establishes any of the following: (1) The condition or conditions described in the petition do not exist at the time of trial. (2) The condition or conditions alleged in the petition …

§ 7064. Stay of judgment by defendant. (a) If, after a trial, the court shall determine that the petition should be granted, the court shall immediately enter judgment thereon and appoint a receiver as authorized herein; provided however, prior to the entry of judgment and appoin…

§ 7065. Receivership procedures. (a) The receiver shall be the Division of Consumer Protection of this State, or its successor agency. (b) (1) Upon its appointment, the receiver shall make within 15 days an independent finding whether or not there is proper cause shown for the ne…

§ 7066. Powers and duties of receiver. The receiver shall have all the powers and duties accorded a receiver foreclosing a mortgage on real property, and all other powers and duties deemed necessary by the court. Such powers and duties include collecting and using all rents and p…

§ 7067. Discharge of receiver; costs. (a) In addition to those situations described under § 7065 of this title, the receiver may also be discharged when all of the following have occurred: (1) The condition or conditions alleged in the petition have been remedied. (2) The propert…

§ 7068. Attorney General intervention. The Attorney General may intervene in any action brought under this subchapter.85 Del. Laws, c. 205, § 2;