Title 31, Welfare

§ 4209. Implementation of this chapter. The administering entity shall comply with this chapter by incorporating points as calculated herein into its process for approving the use of public financial assistance for the construction of new dwelling units. The points for Universal …

§ 4210. Other applicable law or regulation. This chapter does not limit or supplant requirements, rights, or remedies which are otherwise applicable or available under any other building code, disabilities rights statute, or any other applicable law or regulation. To the extent a…

§ 4301. Definitions. As used in this chapter, unless a different meaning appears from the context: (1) “Area” or “area of operation” means the county or part of the county in and with respect to which an authority shall be created. (2) “Authority” or “housing authority” means a c…

§ 4302. Legislative purpose. It is as a matter of legislative determination that, in order to promote and protect the health, safety, morals and welfare of the public, it is necessary in the public interest to provide for the creation of public corporate bodies to be known as hou…

§ 4303. Creation of authority; appointment and removal of commissioners; area of operation. Whenever DSHA shall have determined that there is need for a housing authority in any county or in any part of a county of the State, it shall issue to each appointing officer named in thi…

§ 4304. Wilmington Housing Authority. The Wilmington Housing Authority shall consist of 9 commissioners, 7 of whom shall be appointed by the Mayor of the City of Wilmington, 1 of whom shall be appointed by the Governor and 1 of whom shall be appointed by the County Executive of N…

§ 4304A. Newark Housing Authority. The Newark Housing Authority shall consist of 7 commissioners, 4 of whom shall be appointed by the Mayor of the City of Newark, and 3 of whom shall be appointed by the Governor. Each commissioner shall serve for a term of 3 years unless replaced…

§ 4305. Interest of authority member or employee in projects. No member or employee of an authority shall acquire any interest, direct or indirect, in a project or in any property then or thereafter included or planned to be included in a project, nor retain any interest direct o…

§ 4306. Organization by commissioners; quorum; employment of assistants. As soon as possible after the creation of an authority, the commissioners shall organize for the transaction of business by choosing from among their number a chairperson and vice-chairperson and by adopting…

§ 4307. Compensation and expenses of commissioners. No commissioner shall receive any compensation, whether in form of salary, per diem allowances or otherwise, for or in connection with the commissioner’s services as such commissioner. Each commissioner shall, however, be entitl…

§ 4308. Powers of authority. (a) An authority shall constitute a body both corporate and politic, exercising public powers and having all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this chapter, including the following powers in …

§ 4309. Agreements with federal government. An authority may, in connection with the borrowing of funds, or otherwise, enter into any agreement with the federal government or any agency or subdivision thereof providing for supervision and control of the authority of any project, …

§ 4310. Transfer of property to authority by municipalities. Any city, village or incorporated town included in the area of operation of an authority may sell, convey or lease any of its interest in any property or grant easements, licenses or any other rights or privileges there…

§ 4311. Condemnation procedure. Whenever the housing authority cannot agree with the owner of any land, building, franchise, easement or other property necessary to be taken or used in the construction, reconstruction or maintenance of any housing project or proposed housing proj…

§ 4312. Property as public property. All property, both real and personal, acquired, owned, leased, rented or operated by an authority is deemed public property for public use.39 Del. Laws, c. 16, § 11; Code 1935, § 5463; 31 Del. C. 1953, § 4311;

§ 4313. Projects subject to zoning regulations. All projects of an authority shall be subject to the comprehensive development plan, including the housing component thereof, planning, zoning, sanitary, and building laws, ordinances and regulations applicable to the locality in wh…

§ 4314. Issuance of evidences of indebtedness; rights of creditors. Subject to the restrictions set forth in this chapter, an authority may incur any indebtedness, issue any obligations and give any security therefor which it deems necessary or advisable in connection with any pr…

§ 4315. Supervision of projects by the DSHA. Whenever any project of any agency, including public or private organizations or corporations, is financed in whole or in part by this State pursuant to Chapter 40 of this title, the Housing Director of DSHA may: (1) Order any agency u…

§ 4316. Material and labor contracts; bids. All materials furnished to and all labor for an authority in excess of the probable cost of $500, except materials and labor used in the maintenance and operation of housing projects and employees directly under the authority, shall be …

§ 4317. Dissolution. Whenever an authority desires to discontinue its operations, it shall make application to DSHA for permission to dissolve. Permission to dissolve shall be given only upon the showing, satisfactory to DSHA, that all projects undertaken by the authority have be…

§ 4318. Tax exemption; payments in lieu of taxes. The property of an authority is declared to be public property used for essential public purposes, and such property and an authority shall be exempt from all taxes and assessments of the city, the county, the State or any politic…

§ 4319. Exemption from execution sale. All real property of an authority shall be exempt from levy and sale by virtue of an execution, and no execution or other judicial process shall issue against the same nor shall judgment against an authority be a charge or lien upon its real…

§ 4320. Form and sale of bonds. Bonds, notes and certificates of indebtedness of an authority may be issued in 1 or more series, may bear such date or dates, may mature at such time or times from their respective dates, may bear interest at such rate or rates not in excess of 4% …

§ 4321. Authority to invest in bonds or other obligations of housing authorities. The State and all public officers, municipal corporations, political subdivisions, and public bodies, all banks, bankers, trust companies, savings banks and institutions, building and loan associati…

§ 4322. Additional powers of Department [Repealed]. Repealed by 71 Del. Laws, c. 357, § 18, effective July 2, 1998.

§ 4323. Inspection of housing projects located within the City of Wilmington. (a) Every dwelling, apartment or other living accommodation owned or managed by the Wilmington Housing Authority and located within the City of Wilmington shall be subject to the comprehensive developme…

§ 4400. Petition for custodianship. 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 ground…

§ 4401. Parties. (a) In a proceeding brought pursuant to § 4400 of this title, the Delaware State Housing Authority shall join as defendants: (1) The record owner or owners at the time of the filing of the petition and/or such owner’s heirs, executors, administrators or successor…

§ 4402. Defenses. It shall be a sufficient defense to this proceeding if any defendant of record establishes that: (1) The condition or conditions described in the petition do not exist at the time of the hearing; (2) The condition or conditions alleged in the petition have been …

§ 4403. Stay of judgment by defendant. (a) Upon filing with the Court of Chancery, the matter shall be expedited pursuant to the process established by the Chancery Court Rules of Civil Procedure. If, after the hearing, the Court determines that the petition should be granted, th…

§ 4404. Custodianship procedures. (a) The Court shall appoint a custodian qualified to carry out the responsibilities of this chapter and such custodian may be the Delaware State Housing Authority, or its successor agency, by agreement of all parties of interest pursuant to subse…

§ 4405. Powers and duties of custodian. The custodian shall have all the powers and duties accorded a custodian foreclosing a mortgage on real property, and all other powers and duties deemed necessary by the Court. Such powers and duties shall include, but are not necessarily li…

§ 4406. Discharge of custodian; costs. (a) In addition to those situations described in § 4404 of this title, the custodian may also be discharged when: (1) The condition or conditions alleged in the petition have been remedied; (2) The property materially complies with all appli…

§ 4501. Definitions. As used in this chapter, unless a different meaning is clearly indicated by the context: (1) “Area of operation” means in the case of a municipality the area within such municipality and in the case of a county, the area within the county, except that the are…

§ 4502. Declaration of necessity. It is found and declared that there exist in localities throughout the State slum and blighted areas (as defined in § 4501 of this title) which constitute a serious and growing menace, injurious and inimical to the public health, safety, morals a…

§ 4503. Creation of slum clearance and redevelopment authority. There is created in each community (as defined in § 4501 of this title) a public body corporate and politic, to be known as the “slum clearance and redevelopment authority” of the community. Such authority shall not …

§ 4504. Resolutions. The governing body of a community shall not adopt a resolution pursuant to § 4503 of this title unless it finds that: (1) One or more slum or blighted areas (as defined in § 4501 of this title) exist in such community; and (2) The redevelopment of such area o…

§ 4505. Regional slum clearance and redevelopment authority. If the governing body of each of 2 or more communities declares, by resolution, that there is a need for 1 slum clearance and redevelopment authority to be created for all of such communities, and has made the findings …

§ 4506. Area of operation of regional authority. The area of operation of a regional authority shall be increased from time to time to include 1 or more additional communities if the governing body of each of such additional communities adopts the resolution described in § 4505 o…

§ 4507. Board of commissioners; number; tenure of office; vacancies. When the governing body of a municipality adopts a resolution as provided in this chapter, it shall promptly notify the mayor of such adoption. If the resolution adopted is one approving the exercise of powers h…

§ 4508. Appointment of commissioners for each additional community; tenure. If a regional authority is created as provided in this chapter, 1 person shall be appointed as a commissioner of such authority for each community for which such authority is created. When the area of ope…

§ 4509. Odd and even number of communities; tenure; certificate of appointment as evidence. If the area of operation of a regional authority consists at any time of an even number of communities, the commissioners of the regional authority already appointed in the manner describe…

§ 4510. Compensation; traveling expenses; certificate of appointment filed with municipal or county clerk; evidence. A commissioner of an authority shall receive no compensation for services, but shall be entitled to the necessary expenses, including traveling expenses, incurred …

§ 4511. Power of authority; quorum; meetings; qualifications for appointment as commissioner. The powers under this chapter vested in each slum clearance and redevelopment authority shall be exercised by the board of commissioners thereof. A majority of the commissioners shall co…

§ 4512. Officers; employees; duties and compensation; legal services. The commissioners of an authority shall elect a chairperson and vice-chairperson from among the commissioners. An authority may employ an executive director, technical experts and such other officers, agents an…

§ 4513. Removal; hearing; filing of proceedings in office of municipal or county clerk’s office. For inefficiency or neglect of duty or misconduct in office, a commissioner of an authority may be removed by the official or public body which appointed such commissioner, but a comm…