Utilities in Delaware manufactured home communities

Delaware's Manufactured Home Owners and Community Owners Act (25 Del. C. Chapter 70) establishes both a ceiling on what a community owner may charge for utilities and affirmative maintenance and repair obligations for community infrastructure. The statute also sets a specific emergency response framework for water, sewer, gas, and electric failures. What follows is a general description; for a specific utility dispute or repair issue, consulting a licensed attorney in Delaware is advisable.

What the statute says

Section 7020 sets the utility rate ceiling:

The rate charged by a landlord for a utility may not exceed the utility's retail consumer rate, and the rate charged by the landlord may be adjusted without notice on a monthly basis.

Section 7008 sets the repair timeline for community infrastructure:

Maintain all water, electrical, plumbing, gas, sewer, septic, and other utilities and services…repairing these utilities…within the earlier of 48 hours after written notification.

For private water systems, §7008 requires the landlord to report testing results to tenants, the Division of Public Health, and the Department of Justice's Manufactured Housing Ombudsperson. For on-site wastewater systems, the landlord must arrange emptying by a licensed Class F hauler at least every 3 years and arrange independent inspections.

Section 7020A addresses failures affecting health or safety: if water, sewer, gas, or electric service fails or is unsafe, the landlord has 10 days to correct it. If the repair will take longer, the landlord must provide written documentation of efforts to tenants, the homeowners' association, DEMHRA, DMHOA, and the Attorney General, and post a surety bond equal to 150% of estimated repair costs. For unsafe water, the landlord must supply potable or bottled water or provide alternative housing within 48 hours.

How it works in general

Delaware imposes both a price ceiling and a service-quality floor on community utilities. The retail-rate cap in §7020 means a community cannot profit by marking up utility costs passed to residents; the rate simply tracks the retail consumer rate and adjusts as that rate changes. The 48-hour repair standard in §7008 creates a clear benchmark for routine infrastructure maintenance after the landlord receives written notification. The §7020A framework ratchets up obligations when a failure rises to a health or safety level — combining a 10-day fix deadline with notification, bonding, and ongoing reporting requirements. Private water system testing and wastewater management carry their own recurring compliance obligations.

Common scenarios

General examples Delaware community residents commonly encounter:

• A utility charge on the park's bill appears higher than the local retail rate. Section 7020's ceiling — the retail consumer rate — is the applicable limit.
• A water line or sewer connection fails. Written notification to the landlord starts the 48-hour repair clock under §7008.
• A failure persists beyond 10 days and affects drinking water. Section 7020A requires the landlord to supply potable or bottled water or alternative housing within 48 hours, and to post a bond and notify regulators.
• A resident wants to see water test results for a private community water system. Section 7008 requires those results to be reported to residents, the Division of Public Health, and the Manufactured Housing Ombudsperson.

Other authorities that may apply

Utility rates are also subject to regulation by the Delaware Public Service Commission for investor-owned utilities. The Division of Public Health has jurisdiction over private water system safety. Delaware's Residential Landlord-Tenant Code applies where Chapter 70 is silent. Federal Safe Drinking Water Act standards apply to community water systems meeting the federal definition of a public water system. The written rental agreement and services rider must identify which utilities and facilities the landlord provides and which are the tenant's responsibility.