Delaware SB 56

This Act updates the procedures governing the transfer of a manufactured home located in a manufactured home community in order to provide a clearer process and reduce ambiguities that allowed some community owners to prevent the transfer of a lease or a home as well as prevent family members from inheriting the investment made by a deceased family member in a home. This Substitute differs from the original bill to make changes to reflect discussions among the stakeholders, including: - Moves the procedure for inspecting a home prior to transfer from the transfer section to the section that governs the rules for standards for retaining a transferred home in a community. - Creates a 2-step process for the sale or transfer of a home where the homeowner notifies the community owner prior to listing the home, at which time the community owner may conduct an inspection, and a second notification for the sale of the home which triggers the right of first refusal in which the community owner can then purchase the home. - Significantly reducing the time a buyer has to complete repairs. - Clarifies that the notice of non-renewal of a lease by a tenant 60 days prior to the end of a lease term is only for moving the home off of the lot, and selling of the home is governed by § 7013. - Clarifies requirements on lease transfers to heirs and adds limitations for how long the transfers take place depending on whether a previous occupant continues to live in the home after the death of the prior owner. - Clarifies the portions of the tenancy application that must be completed in different situations when a home is inherited. - Clarifies how long an estate has until appropriate action has to be taken. - Removed the requirement that a community owner purchase the home if the buyer’s tenancy application is denied. - Changes the minimum amount that a community owner must offer to a homeowner to prevent the ability of a lease to be transferred in the future to the greater of $1,500 or 36 months of the difference between the current monthly rent and market monthly rent. - Adds a requirement that a seller must disclose to a buyer information about the lease transfer and that a community owner must disclose the rental amount to a prospective buyer. - Makes it clear that a homeowner has to comply with § 7013(c) for the lease to transfer. - Removes a provision in § 7016 that would no longer apply under the changes to § 7013. - Extends the time that a community owner may purchase the ability to transfer the lease up to the time the homeowner provides notice of intent to sell.