Sixth Modification of the Declaration of a State of Emergency

The record

Jurisdiction

Delaware

Level

State

Authority

20 Del. C. ch. 31; 20 Del. C. § 3116(a)

Issued

2020-03-24 Mar. 24, 2020

Effective

2020-03-25 8:00 a.m. E.D.T. (approved Mar. 24, 2020 at 4:00 p.m.) (read as 2020-03-25)

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 (read as 2020-07-01)

In force

Mar. 25, 2020 to July 1, 2020

Quarters

2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3

2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3

Limitation types

Courts and public officesWorkplace rulesOther

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)

Functions reached

• PM property management (evictions barred)
• SV servicing and foreclosure (barred)
• IN insurers (non-lapse duty)
• CL/ML lending (foreclosure and sheriff's sales stayed)
• CB customer base (utility protections)

Collection

Delaware DE

Operative words

§ B.1.a: 'No 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.' § B.1.c: 'no 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.' § C.1: 'No residential mortgage foreclosure action may be commenced with respect to any owner-occupied 1- to 4-family primary residential property'; § C.3: no sheriff's sale 'until a date no sooner than the 31st day following the termination of the state of emergency.' § D.1: 'No 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.' § E: 'No 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.... "covered policyholder" 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.' § H.3: force and effect of law; criminal offense under 20 Del. C. §§ 3115(b), 3116(9), 3122, 3125.

Enforcement

Notes