CHAPTER 303

FORMERLY

SENATE BILL NO. 239

AS AMENDED BY

SENATE AMENDMENT NOS. 1 AND 2 AND HOUSE AMENDMENT NOS. 1 AND 2

AN ACT TO AMEND CHAPTER 40, TITLE 31, DELAWARE CODE, RELATING TO SETTING MINIMUM STANDARDS FOR CONGREGATE HOUSING FACILITIES FOR THE HOMELESS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Chapter 40, Title 31, Delaware Code, by adding thereto a new Subchapter VII to read as follows:

"Subchapter VII. Minimum Standards for Congregate Housing Facilities for the Homeless.

§4091. Definitions

As used in this Subchapter, except where the context clearly indicates a different meaning:

'Congregate housing facility' means a facility housing (8) or more homeless adults and children on a temporary basis.

§4092. Resident manager required

The sponsor of any congregate housing facility shall be responsible for having a responsible adult resident manager on the premises of such facility at all times.

§4093. Maintaining records

(a) The sponsor and resident manager of any congregate housing facility shall be responsible for maintaining a day-to-day record of residents of the facility, such record to include:

(1) The name, last known residence, and Social Security number, if any, of each resident of the facility.

(2) The destination of each resident when he or she leaves the facility.

(b) The information contained in such record shall be confidential and shall not be disclosed except to authorized agents of the facility's public funding sources as required by the terms of their funding agreements or as a result of a court order.

§4094. Premises to be kept clean

The sponsor and the resident manager shall be responsible for keeping the interior and exterior premises of a congregate housing facility at all times in a clean and sanitary condition and in compliance with all Federal, State or local laws, rules, and regulations relating to the cleanliness of multi-family dwellings in general.

§4095. Standard of conduct

The sponsor and resident manager of each congregate housing facility shall be responsible for publishing and posting in prominent places a standard of conduct for residents which is not disruptive to others within the facility, to the community, or to the residents of neighboring residences or businesses. The use of alcohol or illegal drugs in such facilities is prohibited. Loud or boisterous behavior, music or, other noise in violation of State or local noise laws, rules and regulations that deprives other residents of the quiet enjoyment of the facility shall be prohibited at all times, especially between sunset and sunrise.

§4096. The sponsor or resident manager of a congregate housing facility shall be responsible for making every effort to enlist the services of social agencies, public or private, to assist residents to move back into the mainstream of society, including, but not limited to, Alcoholic Anonymous, substance abuse counseling, employment counseling, and skills training.

§4097. Notification of authorities

The sponsor or resident manager of each congregate housing facility shall be responsible for notifying the chief executive officer of the county or municipality in which the facility is located that it is, or intends to be, conducting such a facility and the location thereof.

54098. Penalties

Whoever violates the provisions of this subchapter is guilty of a violation and shall be fined not less than $50 nor more than $200 for a first offense and not less than $100 nor more than $500 for each subsequent like offense. Superior Court shall have jurisdiction over all violations of this subchapter.

§4099. Enforcement authority

The Department of Community Affairs shall be responsible for enforcing the provisions of this subchapter.

Approved July 10,1990.