Delaware § 5601 Definitions

Delaware Statutes

§ 5601 — Definitions

Delaware·Title 25·Part Residential Landlord-Tenant Code·Ch. 56 Right to Legal Representation in Evictions and Other Landlord-Tenant Actions

For purposes of this chapter:

(1)“Coordinator” means the Right to Representation Coordinator within Delaware Volunteer Legal Services.

(2)“Covered individual” means a tenant who is eligible for legal representation under this chapter.

(3)“Covered proceeding” means any of the following: a. A judicial or administrative proceeding to evict, terminate the tenancy of, or terminate the housing subsidy of a covered individual. b. A proceeding deemed by a designated organization as the functional equivalent of a proceeding described in paragraph (3)a. of this section. c. A judicial or administrative proceeding to remedy a violation of law related to landlord-tenant matters, such as retaliatory actions, habitability, illegal eviction, or violation of quiet use and enjoyment.

(4)“Designat

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For purposes of this chapter:

(1) “Coordinator” means the Right to Representation Coordinator within Delaware Volunteer Legal Services.

(2) “Covered individual” means a tenant who is eligible for legal representation under this chapter.

(3) “Covered proceeding” means any of the following:

a. A judicial or administrative proceeding to evict, terminate the tenancy of, or terminate the housing subsidy of a covered individual.

b. A proceeding deemed by a designated organization as the functional equivalent of a proceeding described in paragraph (3)a. of this section.

c. A judicial or administrative proceeding to remedy a violation of law related to landlord-tenant matters, such as retaliatory actions, habitability, illegal eviction, or violation of quiet use and enjoyment.

(4) “Designated organization” means a nonprofit entity designated by the Coordinator that has the ability to provide legal representation to covered individuals.

(5) “Legal aid agencies” means Delaware Volunteer Legal Services (DVLS), Community Legal Aid Society, Inc. (CLASI), and Legal Services Corporation of Delaware (LSCD).

(6) a. “Legal representation” means ongoing high-quality representation provided by a designated organization to a covered individual, and all legal advice, advocacy, and assistance associated with that representation.

b. “Legal representation” includes all of the following:

1. The filing of a notice of appearance on behalf of the covered individual in a covered proceeding.

2. Representation of covered individuals by nonattorneys, if the Rules of the Delaware Supreme Court permit the representation.

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