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Ex. DE-009 Order Primary source read

Sixth Modification of the Declaration of a State of Emergency

Sixth Modification of the Declaration of a State of Emergency (elections rescheduled; eviction moratorium; foreclosure moratorium; utility shutoff moratorium; insurance non-lapse; procurement)

Governor John C. Carney · Delaware (State)

The COVID Project

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
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

§ H.3 criminal offense clause; § D.3 Public Service Commission penalties under 26 Del. C. § 217 and unlawful practice under 6 Del. C. § 2513

Notes

Financial-services and real-estate regulator layer with force of law; the Governor's own finding that the emergency conditions 'required [businesses] to close or significantly reduce' operations (§ E). The Insurance Commissioner's 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/.

Retrieval note

Read in full. § H.1 modifies the Fourth Modification ¶ 5.d to 'To the greatest extent possible, exclude individuals at highest risk of poor outcomes such as those over age 60 who have chronic underlying conditions from on-premises work.'.