1 Del. Admin. Code § 202-2.0

Current through Register Vol. 28, No. 7, January 1, 2025
Section 202-2.0 - Definitions

For the purposes of these regulations, the following words and phrases have the meaning ascribed to them in this Section unless the context of the regulation clearly indicates otherwise, or unless the meaning set forth below is inconsistent with the Act or the manifest intention of the Act.

"Act" means the Delaware Manufactured Home Owners and Community Owners Act set forth in 25 Del.C. Chapter 70.

"Affected home owner" means a leaseholder of a manufactured home community whose rent increase is subject to the provisions of 25 Del.C. § 7043.

"Authority" means the Delaware Manufactured Home Relocation Authority.

"Community owner" means the owner of a manufactured home community, as defined in the Act.

"CPI-U" means the average annual increase of the Consumer Price Index For All Urban Customers in the Philadelphia-Wilmington-Atlantic City area for the most recently available preceding thirty-six (36) month period at the time the notice of a rent increase is mailed to the leaseholders.

"Designated representative" means an individual authorized to act on behalf of any party, provided said authorization is in writing and signed by the party on whose behalf the individual is authorized to act.

"Direct arbitration costs" means the following out of pocket costs paid in connection with an arbitration hearing held pursuant to the provisions of 25 Del.C. § 7043 (c):

(a) fees payable to the arbitrator;

(b) the reasonable cost of any meeting rooms or facilities used for the arbitration hearing;

(c) the cost of the court reporter for attendance at the arbitration hearing;

(d) the reasonable out of pocket expenses paid by the arbitrator in connection with the scheduling and holding of the arbitration hearing; and

(e) any other costs approved in advance by the Authority and determined by the Authority to constitute a "direct arbitration cost". Direct arbitration costs shall not include the cost of preparing a verbatim transcript of the hearing unless the arbitrator determines that a verbatim transcript is necessary in order for the arbitrator to render a decision.

"HOA" means a home owners association registered with the Authority pursuant to 25 Del.C. § 7026 (b).

"Leaseholder" means a person who is a party to a lease subject to the provisions of 25 Del.C. § 7040 through 7055.

"Notice to the Authority" or words to that effect shall mean the delivery of notice to the following address: Delaware Manufactured Home Relocation Authority, 110 North Main Street, Suite G, Camden, DE 19934.

"Party" shall include a community owner, an HOA, and any leaseholder affected by a proposed rent increase.

1 Del. Admin. Code § 202-2.0

18 DE Reg. 637 (2/1/2015) (Final)