DOVER, Del. - A bill that disallows municipalities from requiring that landlords evict tenants based on their involvement in the justice system was passed in the Delaware Senate. This bill, Senate Bill 99, prevents crime-free lease agreements as a condition of tenancy. It also prevents mandating eviction after a tenant or guest is accused, arrested, charged, or convicted of certain crimes.
In summary, crime-free housing ordinances are requirements from town governments that an addendum be added to lease agreements to prohibit a tenant, a member of the tenant's household, or guests from committing a crime within a certain distance of their leased unit. If a certain number of crimes take place within a specified time period, the landlord then must initiate an eviction. If they don't, landlords could lose their rental license.
If passed, landlords will still have the ability to choose to evict a tenant for criminal activity or other lease violations. This bill just prevents making those evictions mandatory.
The bill refers to a report from the Delaware State Fair Housing Consortium that lists the removal of crime-free housing ordinances and legislation banning them as one of its goals for ensuring that people within protected classes, like being a victim of domestic abuse or stalking, have equal access to housing.
At this time Dover, Harrington, Smyrna, Townsend, Greenwood, and Blades have ordinances that can result in mandatory evictions. The bill was sponsored by Senator Marie Pinkney, of District 13 near Bear. It was co-sponsored by Senator Elizabeth Lockman, of District 3 near Wilmington, and Representative Madinah Wilson-Anton, of District 26 near Bear. Senator Russ Huxtable of District 6 near Milton is also in support.
Senate Bill 99 requires a vote of two-thirds of the members elected to each house of the General Assembly to pass due to a state Constitutional article because it would amend a charter issued to an incorporated town. The bill has been sent to the House for consideration.