Volume 6, Issue 10:  May 3, 2013


NAR Mid Year Meetings and Trade Show:  Washington DC May 15-17:  The REALTORS® Midyear Meetings & Trade Expo is where NAR members take an active role to advance the real estate industry, public policy, and the association. Join us in Washington, DC, for special issues forums, committee meetings, legislative activities, and the industry trade show.  To learn more, click HERE.  If you are interested in participating in the Capitol Hill visits please email maria@delawarerealtor.com, space is limited.

Legislation of Interest:  Legislation of Interest is posted in order to give you the opportunity to email your Senators and Representatives about pending legislation that may impact the Real Estate Industry and your business.  You can also forward your comments to maria@delawarerealtor.com!

HB 95: This bill has passed out of the House Natural Resources Committee and is on the House agenda for a full vote:  AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO CONSERVATION AND  ENVIRONMENTAL LIENS. Synopsis:  This Act provides the Department of Natural Resources and Environmental Control with the authority to impose environmental liens on real property in an effort to recover taxpayers’ money expended by the State in order to investigate and clean up contaminated properties in circumstances where the property owners who caused the contamination have failed to do so.  Please read HB 95 HERE.

Legislation of Interest Updates:  HB 92: This bill has passed the House of Representatives 38-0 with 3 absent and has been amended:  Synopsis:  This bill amends the landlord/tenant code to permit the use of a surety bond in place of a security deposit.  Instead of paying a refundable security deposit, a tenant may, if the landlord permits, purchase a nonrefundable “surety bond” for a percentage of the security deposit amount.  The issuer of the surety bond would then be liable to the landlord in the event the tenant does not pay for any damages sustained by the landlord due to non-payment of rent, breach of lease, or damage to the rental property.  You can read HB 92 w/HA 1 HERE

HB 70:  This bill has passed the House of Representatives 41-0 and has been assigned to the Senate Community/County Affairs Committee:  Synopsis:  This Bill recognizes the importance of properly functioning smoke and carbon monoxide detectors in keeping tenants safe by expressly prohibiting a tenant from removing or tampering with a properly functioning detector installed in the rental unit by a landlord.  You can read HB 70 HERE. 

HB 28:  This bill has been assigned to the House Health and Human Development Committee:  Synopsis: This bill makes it a crime to operate or attempt to operate a clandestine laboratory defined as any location on or in which a person assembles any chemicals or equipment which are intended to be used to or have been used to unlawfully manufacture a controlled substance or other substance in violation of the Uniform Controlled Substance Act.  Any person convicted would also be responsible for all reasonable costs associated with remediation of the site and any other site resulting from the operation or disposal of substances or materials from a clandestine laboratory.  This act is modeled after similar laws from Pennsylvania and West Virginia.  Read HB 28 HERE.

HB 40 w/SA 1: This bill has passed and is awaiting the Governor's signature.  You can check out HB40 w/SA 1 HERE.  

HB 44 with HA 2:  This bill has passed the House and is now assigned to the Community/County Affairs Committee in the Senate. SynopsisThis bill permits a real property owner or tenant to display an American flag on a pole attached to the exterior of the property’s structure or on a flagpole located within the property’s boundaries, provided the flagpole does not exceed 25 feet in height and conforms to all setback requirements.  Any and all community restrictions to the contrary will not be enforceable.  You can check out HB 44 with HA 2 HERE.

Delaware Real Estate Commission Looking For Input:  The Delaware Real Estate Commission is asking for recommendations regarding changes to the Seller’s Disclosure of the Real Property Condition Report.  You can email your recommendations to Rick Allamong at rick@andytoday.comAll recommendations must be received by May 31, 2013.

DNREC Proposed Stormwater Regulations Public Comment Period Ends This Wednesday!  DNREC will be accepting public comments on the proposed Stormwater and Sediment Regulations until May 8, 2013.  You can read the proposed regulations HERE, and the technical document for the regulations HERE.  Please submit comments to Elaine.Webb@state.de.us.

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Federal News in Case You Missed It:

The Consumer Mortgage Choice Act: 
2013 NAR President Gary Thomas has great news to share about the Consumer Mortgage Choice Act, a bipartisan legislative effort that clarifies how points and fees are calculated and ensures consumers have access to affordable mortgage credit.  Click HERE to see the video!

Realtor.com Adds School Search APP:  Now home buyers can view school and district boundaries on a map, search for homes for sale assigned to a school or school district, and see which schools are assigned to (or nearby) a property listing. You can check out the APP HERE.

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