Delaware could add another measure that advocates say will help prevent unnecessary evictions for renters, often called, "pay to stay."
Senate Bill 116 passed in the Senate earlier this year with broad support. The measure says renters facing eviction who pay what they owe can remain in their homes.
It cleared a House committee Tuesday and now heads to the chamber's floor.
Housing Committee Chair Kendra Johnson is co-sponsoring the bill with State Senator Tizzy Lockman. Johnson said under Delaware law one late rent payment can trigger eviction proceedings.
"This legislation allows a tenant to redeem their tenancy at any point before the eviction is executed, by paying all rent owed under the lease, as well as court awarded fees," Johnson said.
The new rule would not apply to tenants with three or more judgements in the state’s eviction diversion court over the previous 24 months.
The state’s eviction diversion program, launched in 2023, is a mandatory part of the process for landlords to initiate an eviction.
According to data from The Eviction Lab at Princeton University, Delaware saw 883 evictions filed in February this year.
And a report prepared for the Community Legal Aid Society found the average claim amount by landlords in Delaware from 2017 to 2019 was approximately $1,900.
Approximately 28 percent of households in Delaware are rentals, which is about 110,000 units.
Community Legal Aid Society Deputy Director Sarah Rhine told the Housing committee she supports the bill, noting renters often withhold rent but do have the money. Ryan described the situation of a recent client:
"In March, there was a leak from the roof causing excessive damage. She requested repairs. Those repairs didn't happen. She contacted (Licensing and Inspections). The repairs didn't happen."
Rhine said her client didn't pay rent after the repairs weren't received, "but she saved her rental amount."
Under this legislation, renters who owe money would have to pay all rent due under the lease, not just past due amounts.
According to Holly R. Stevens, the chief data officer with the Legal Services Corporation, a majority of U.S. states have some version of a "pay to stay" right, though the strength of the laws vary.
Stevens said SS1 for SB116 is notable because it provides redemption to renters after an eviction judgment. Delaware would join about 15 other jurisdictions, along with California, New York, Maryland, Pennsylvania, and New Jersey, if Johnson's bill passes.
Other states, she said, go even further. Michigan and New Jersey allow evictions to be stopped even on partial payment.
