§ 7102 Definitions.

25 DE Code § 7102 (2019) (N/A)
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The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(1) “Affected local community” shall mean the municipality or county in which the largest portion of the real property which has been proposed as a conversion project is situated. An “affected local government” shall mean the elected council or other governing body of an affected local community;

(2) “Comparable housing” shall mean a dwelling place or manufactured home community site which is:

a. Decent, safe, sanitary and in compliance with all local and state housing codes;

b. Open to all persons regardless of race, creed, national origin, ancestry, marital status or sex;

c. Provided with facilities equivalent to that provided by the owner in the manufactured home community site which is undergoing conversion, and is equivalent to such manufactured home community in each of the following categories:

1. Apartment size or manufactured home size, or community rental space which can accommodate a manufactured home equal in size to that in which the displaced resident was formerly residing (including substantially equivalent yard space and automobile parking space);

2. Rent range;

3. Special facilities necessary for a person with a disability or impairment if the displaced resident has a disability or is impaired;

d. Located in an area not less desirable than that of the manufactured home community being converted, in regard to each of the following:

1. Accessibility to the tenant’s place of employment;

2. Accessibility of community and commercial facilities;

3. Environmental quality and conditions; and

e. In accordance with additional reasonable criteria which the tenant has requested in writing at the time of making any requests under this chapter, as determined by the Attorney General;

(3) “Conversion project” shall mean the area which comprises or formerly comprised a manufactured home community which has been converted to, or which will be converted to or include a condominium, cooperative or other form of multiple-unit housing (and which includes peripheral areas used for landscaping or recreation);

(4) “Long-term vacancies” shall mean dwelling units in the manufactured home community which were not leased, or not occupied by bona fide tenants for more than 5 months prior to the preliminary notice;

(5) “Manufactured home community” shall mean any manufactured home or trailer community designed to house manufactured homes which are served by utilities on a year-round basis. This chapter shall not apply to a community or camp devoted to recreational vehicles which move to the site under their own power or can be towed to the site by an automobile;

(6) “Multiple-unit usage” means use as a manufactured home condominium or cooperative community.

(7) “Nonpurchasing tenant” shall mean a tenant who has elected not to purchase a unit or units in the proposed conversion project. A “purchasing tenant” shall mean a tenant who has agreed to purchase a unit or units in the proposed conversion project;

(8) “Owner” shall mean the legal entity (including a natural person or group of persons) which owns the real estate on which a manufactured home is located. The word “owners” refers to instances where a manufactured home community is located on 2 or more separate parcels where the owners, or the legal status or character of the owners, differ. The word “owner” shall also include “owners” unless the context indicates otherwise, and shall include any developer or other person acting in concert with, or with the consent of the owner;

(9) “Relocation assistance plan” shall mean a proposed plan of assistance to tenants which is intended to enable such tenants to obtain comparable housing with a minimum of difficulty and expense;

(10) “Tenant” shall mean a person, 18 years of age or older, who has at least a leasehold interest in a manufactured home community and who, for rent or by written or oral contract or other good consideration, is leasing or is purchasing or has purchased a manufactured home or manufactured home site within the community. For purposes of §§ 7103(c) and 7105 of this title a tenant shall mean an individual who rents a manufactured home site or the head of household where a family rents a site. An owner of a manufactured home community owning manufactured homes or sites within the community is not a “tenant” under this chapter;

(11) “Tenant association” or “tenants’ association” shall mean a group of tenants comprising at least half of those tenants residing within a manufactured home community.

64 Del. Laws, c. 14, § 2; 74 Del. Laws, c. 35, §§ 7, 8; 78 Del. Laws, c. 179, §§ 271, 272.