Definitions. — Delaware Code § 5401

§ 5401. Definitions.

For purposes of this chapter:

(1) “Alternative housing” means as defined by the regulations promulgated by the Department and includes reasonable out-of-pocket expenses incurred as a result of relocating a tenant to the alternative housing such as rent charged for the alternative housing above the cost of the tenant’s existing unit, costs to move back and forth from the alternative housing, and storage costs for personal belongings.

(2) “Constructed” means the date on which a construction permit was obtained. If no construction permit was obtained, it means the date that construction was started.

(3) “Department” means the Department of Health and Social Services.

(4) “Elevated blood lead level” means as defined in § 2601 of Title 16.

(5) “Landlord” means the owner of a rental unit.

(6) “Large property owner” means a person who owns or controls 20 or more rental units.

(7) “Lead-based paint hazard” means as defined by regulations promulgated by the Department.

(8) “Lead free” means that lead is not present in any form anywhere in the rental unit or premises.

(9) “Lead inspector” means as defined in regulations promulgated by the Department.

(10) “Lead safe” means that a lead inspector has determined that a rental unit and premises do not have a lead-based paint hazard at the time of the inspection.

(11) “Owner” includes corporations, companies, associations, firms, partnerships, societies, and joint-stock companies, as well as individuals.

(12) “Regularly visited” means visited at least 2 times a week for 3 or more hours at least 10 weeks per year.

(13) “Rental unit” means as defined in § 5141 of Title 25.

(14) “Rental unit constructed before” a given date means a rental unit for which a construction permit was obtained before that date. If no permit was obtained, it means that construction of the rental unit was started before that date.

(15) “Significant economic burden” means the required expenditure would materially affect the landlord’s ability to maintain or operate the rental property. The Department must take the following factors into consideration when determining if an expenditure is a significant economic burden to the landlord:

a. The total costs associated with lead abatement and remediation, including alternative housing.

b. The overall financial resources of the landlord, including rental income, reserves, other sources of income, and financial obligations.

c. The risk to tenant health and safety if the expenditure is delayed.

(16) “Small property owner” means a person who own or controls 19 or fewer rental units.

85 Del. Laws, c. 98, § 1;