TITLE 29

State Government

Departments of Government

CHAPTER 79. Department of Health and Social Services

Subchapter V. Minimum Standards for Congregate Housing Facilities for the Homeless

§ 7960. 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.

67 Del. Laws, c. 303, §  171 Del. Laws, c. 357, §  4

§ 7961. 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.

67 Del. Laws, c. 303, §  171 Del. Laws, c. 357, §  4

§ 7962. 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; and

(2) The destination of each resident when the resident 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.

67 Del. Laws, c. 303, §  170 Del. Laws, c. 186, §  171 Del. Laws, c. 357, §  4

§ 7963. 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.

67 Del. Laws, c. 303, §  171 Del. Laws, c. 357, §  4

§ 7964. 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.

67 Del. Laws, c. 303, §  171 Del. Laws, c. 357, §  4

§ 7965. Enlistment of services to assist residents.

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, Alcoholics Anonymous, substance abuse counseling, employment counseling, and skills training.

67 Del. Laws, c. 303, §  171 Del. Laws, c. 357, §  4

§ 7966. 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.

67 Del. Laws, c. 303, §  171 Del. Laws, c. 357, §  4

§ 7967. 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. The Superior Court shall have jurisdiction over all violations of this subchapter.

67 Del. Laws, c. 303, §  171 Del. Laws, c. 357, §  4

§ 7968. Enforcement authority.

The Department of Health and Social Services shall be responsible for enforcing the provisions of this subchapter.

67 Del. Laws, c. 303, §  168 Del. Laws, c. 149, §  2971 Del. Laws, c. 357, §  4