{"id":"DE-009","kind":"order","level":"state","jurisdiction":"Delaware","state":"DE","metro":"","industry":"","agency":"","eco":"","issuer":"Governor John C. Carney","authority":"20 Del. C. ch. 31; 20 Del. C. § 3116(a)","instrument":"Sixth Modification of the Declaration of a State of Emergency","title":"Sixth Modification of the Declaration of a State of Emergency (elections rescheduled; eviction moratorium; foreclosure moratorium; utility shutoff moratorium; insurance non-lapse; procurement)","dateIssued":"2020-03-24","effective":"2020-03-25 8:00 a.m. E.D.T. (approved Mar. 24, 2020 at 4:00 p.m.)","end":"Insurance, eviction, foreclosure and utility paragraphs modified effective July 1, 2020 (DE-027 §§ B-E), carried into the Omnibus (DE-031 § E) and the Twenty-Eighth and Twenty-Ninth Modifications (DE-037, DE-038 § B) as court-supervised stays to July 13, 2021","startDate":"2020-03-25","endDate":"2020-07-01","quarters":["2020Q2","2020Q3","2020Q4","2021Q1","2021Q2","2021Q3"],"types":["OTHER","CRT","EMP"],"addressees":["landlords and the Justice of the Peace Court","mortgage lenders and the Superior Court","residential utilities and the Public Service Commission","insurers","Department of Elections","State agencies (procurement)"],"clause":"§ B.1.a: \u0027No action for summary possession may be brought with respect to any residential rental unit located within the State. With respect to any past due balance for a residential rental unit, no late fee or interest may be charged or accrue... during the state of emergency.\u0027 § B.1.c: \u0027no writ of possession may be executed prior to the 7th day following the termination of the state of emergency and the rescission of the public health emergency.\u0027 § C.1: \u0027No residential mortgage foreclosure action may be commenced with respect to any owner-occupied 1- to 4-family primary residential property\u0027; § C.3: no sheriff\u0027s sale \u0027until a date no sooner than the 31st day following the termination of the state of emergency.\u0027 § D.1: \u0027No electric, natural gas, propane, telegraph, telephone, water, wastewater, cable television, or internet service provider... shall terminate the service of a customer if the service is used, in whole or in part, in a dwelling unit or residence.\u0027 § E: \u0027No insurer may, without a court order, lapse, terminate or cause to be forfeited a covered insurance policy because a covered policyholder does not pay a premium... due during the pendency of the declared state of emergency.... \u0022covered policyholder\u0022 means any individual or business entity who, as a result of the conditions imposed under the COVID-19 State of Emergency (or Modifications) or the public health emergency, was laid off or fired from their employment or was required to close or significantly reduce its business.\u0027 § H.3: force and effect of law; criminal offense under 20 Del. C. §§ 3115(b), 3116(9), 3122, 3125.","enforcement":"§ H.3 criminal offense clause; § D.3 Public Service Commission penalties under 26 Del. C. § 217 and unlawful practice under 6 Del. C. § 2513","functions":["PM property management (evictions barred)","SV servicing and foreclosure (barred)","IN insurers (non-lapse duty)","CL/ML lending (foreclosure and sheriff\u0027s sales stayed)","CB customer base (utility protections)"],"notes":"Financial-services and real-estate regulator layer with force of law; the Governor\u0027s own finding that the emergency conditions \u0027required [businesses] to close or significantly reduce\u0027 operations (§ E). The Insurance Commissioner\u0027s Mar. 24, 2020 statement on this Modification is at news.delaware.gov/2020/03/24/commissioner-navarro-statement-on-sixth-modification-to-state-of-emergency/.","sourceUrl":"https://archivesfiles.delaware.gov/Executive-Orders/Carney/public-health/Sixth-Modification-to-State-of-Emergency-03242020.pdf","snapshot":"","fileExists":true,"fileBytes":332467,"grade":"primary","character":"","description":"","collection":"DE","url":"/library/DE-009","exhibitUrl":"/exhibit/DE-009","citation":"Governor John C. Carney, Sixth Modification of the Declaration of a State of Emergency (Mar. 24, 2020) (Ex. DE-009)","stateName":"Delaware","related":["DE-027","DE-031","DE-037","DE-038","SEC-13-106","DE-065","DE-071","DE-005","DE-006","DE-007","DE-068","DE-004"]}