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Delaware is Taking Sides in Evictions

Senate Bill 1, (AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO THE RESIDENTIAL LANDLORD-TENANT CODE), was introduced by Sen. Townsend on 1/19/23. The bill currently has 4 additional sponsors and 20 co-sponsors.

This bill would create yet another government program, this time this bill creates a program that has tax payers pay for attorneys in a civil case that does not involve the government. That case is when a landlord attempts to evict a tenant, whose household income is below 200% of the federal poverty guidelines, for non-payment or breaking other terms of the lease. This bill is another perfect example of government over reach. Government is once again attempting to pick a winner and a loser where government has no place. This bill does not help the good tenants and it defiantly does not help landlords who are providing a service. This bill will only help those people who are looking take advantage of yet another government program. A landlord is now going to have to hire an attorney every time they want to evict a bad tenant, because no normal landlord is going go to court against an attorney. Since this will increase the cost to the landlords, they will defiantly pass some of this cost onto their tenants by way of higher rents to have enough extra funds to evict someone. This will also more than likely extend the eviction process making housing less available to those currently willing and able to rent. So once again this state government is hurting the good everyday people who are just trying to live their lives and provide for their families by increasing their cost of living.

Then of course we have the issue the state government is creating unequal protection under the law specifically by way of saying tenants' rights are more important then landlord's rights. By paying for protection of one side's rights they are not creating equal protection under the law. See 14th Amendment to the US Constitution, "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

If this state government actually cared about helping the people of this state, they would pass reforms to increase housing affordability by lowering the cost of creating housing. Or they could stop hurting the state economy through their over regulation and high taxes/fees they impose on tax payers. If they did either one of these, or better yet both, the state economy would allow the creation of more affordable housing and an even better economy that would lift everyone up from where they currently are. Then again, actually solving issues and fixing problems doesn't get politicians re-elected, so instead they create more problems passing bills under the disguise of fixing an issue and in turn make more problems that only they can fix if they are re-elected.

One last thing, the state currently has another program that has tax payers pay the rent for tenants if they are having issues paying their rent. What current excuse for non-payment of rent can't be figured out between a landlord and tenant? As a landlord myself, I have worked with my tenants when issues came up, as has every other landlord I have spoken to.

Read the proposed bill here:

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