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DOVER HUMAN RELATIONS COMMISSION WORKSHOP
The Dover Human Relations Commission (DHRC) Workshop was held on May 25, 2017
at 6:03 p.m. with Chairman Henderson presiding. Members present were Mr. Fleming, Mr. Gaddis,
Ms. Mullen, Reverend Paige, and Mrs. Herbert. Staff members present were City Solicitor
Rodriguez (departed at 6:49 p.m.) and Mrs. Stein.
AGENDA ADDITIONS/DELETIONS
Mr. Gaddis moved for approval of the agenda, seconded by Mr. Fleming and unanimously
carried.
Welcome - Explanation of Purpose of Workshop (Henderson)
Mr. Henderson welcomed members to the DHRC Workshop.
DHRC Authority and Holding of Meetings (Nicholas Rodriguez, City Solicitor)
Mr. Nicholas Rodriguez, City Solicitor, advised members that the DHRC was formed in 2001,
consisted of 15 members at that time, and currently had nine (9) members. He explained that the
DHRC is an advisory commission and is to provide advice based upon the jurisdiction of the
Commission as stated in the Code. Mr. Rodriguez indicated that the DHRC is similar to the State
Human Relations Commission (SHRC), which is also an advisory commission and reports directly
to the General Assembly and the Governor. He noted that neither the DHRC nor the SHRC is a
decision-making body. Mr. Rodriguez stated that two (2) members of the DHRC are appointed to
each of the four (4) City election districts and one (1) serves at large, and appointments are made by
the Council President and approved by Council. He indicated that members are appointed for
three-year staggered terms, and five (5) members constitute a quorum, which enables the
Commission to do business. He indicated that DHRC meetings are to be held at City Hall on a
quarterly basis and the Commission is to submit quarterly reports, as well as an annual report at the
end of the year. Mr. Rodriguez advised that the DHRC is guided by the Freedom of Information Act
(FOIA) and the City Clerk’s Office helps with notice of meetings. He explained that there are no
restrictions on reappointment; therefore, members can serve consecutive terms.
Mr. Rodriguez reviewed several of the questions that had come up in the past regarding whether or
not the DHRC had jurisdiction. He stated that a question had arisen about whether the DHRC could
investigate a bill being decided by the General Assembly, noting that senators or representatives had
asked the DHRC about this. Mr. Rodriguez stated that DHRC should not become involved in
politics at all; however, if a bill arose dealing with civility or affecting the DHRC’s jurisdiction, the
Commission could report this to Council.
Mrs. Herbert advised that she had attended an SHRC meeting this month when a bill on
homelessness was considered. She explained that those presenting the bill were trying to get the
SHRC to make a statement about it; however, the SHRC was only comfortable stating that homeless
people have rights. Mr. Rodriguez indicated that this matter would come under the DHRC’s
jurisdiction on an advisory basis, but they should not become involved in supporting a bill.
Mrs. Herbert stated that this is what the SHRC decided. Mr. Rodriguez advised members in this type
of situation to notify the Council President that there is a bill that affects the jurisdiction.
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Reverend Paige questioned, for example, if she could speak out against the death penalty. In
response, Mr. Rodriguez explained that she could do this as an individual but not as a member of
the Commission.
Mr. Rodriguez cited a situation when a Commissioner had missed a number of meetings and it was
questioned if the DHRC could remove that Commissioner. He explained that the Commission could
not do this and that removal could only be done at the recommendation of the Council President and
with the concurrence of Council for substantial neglect of duty or gross misconduct in office, noting
that missing a number of meetings would be considered substantial neglect of duty.
Mr. Rodriguez indicated that when the DHRC’s structure had included 15 members, they were
unable to obtain that number of Commissioners and wanted to run an ad in local newspapers to find
people interested in serving. He advised that advertising was acceptable if it was paid for
individually out of pocket. Mr. Henderson asked if such advertising could be paid out of the
DHRC’s budget, and Mr. Rodriguez indicated that it could probably be; however, there may not have
been money available in that particular case. He noted that the advertising strategy had worked well
and resulted in a number of names that were submitted to the Council President and reviewed by
Council. (City Clerk’s Office Note: In a legal opinion dated July 30, 2008, Mr. Rodriguez advised
that “. . . the Commission itself has no power or authority to appoint or recruit new members. This
is left completely up to the Mayor and Council. Newspaper advertising by the Commission for new
members I think not only tends to invade the power and authority of the Mayor and Council but is
not a necessary expense or expenditure, assuming that the newspaper advertisements are paid for
out of funds budgeted for the Commission. . . .”)
Referring to Section 58-33(e) Functions limited of the Dover Code, Mr. Rodriguez explained that
the DHRC has no jurisdiction over matters that are assigned by law or decree to other governmental
bodies. He noted that previously a complaint was received from an employee of Delaware State
University (DSU) who indicated that they had been terminated based on race, which was a private
matter between the employee and the University over which the DHRC had no jurisdiction.
Mr. Rodriguez advised that this was also true of matters that must go through the court system or
other governmental bodies. He stated that there had also been complaints about an employee of the
City of Dover who was terminated, and this had to be handled through the City’s grievance
procedure.
Mrs. Herbert stated that the National Council on Life and Labor Research (NCALL) was trying to
bring different groups together and had just held a “Bridge the Divide Community Café” at Wesley
College that included the SHRC, Wesley College, and DSU. She stated that the DHRC had been
left out of the forum and asked if the Commission could participate in such community events,
noting that another forum was coming up. Mr. Rodriguez stated that this would not be a problem.
Mr. Rodriguez informed members that there had also been a complaint about a termination in the
private sector, and the DHRC had no jurisdiction over this. He stated that the individual would have
to go to court and sue the employer if they thought this was necessary. Mr. Rodriguez explained that
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another individual had not liked the assessment placed against her home, which she stated was based
on race. He noted that she had the right to appeal the assessment through the City’s Board of
Assessment Appeals. Mr. Rodriguez indicated that this individual complained that her car was
damaged by the City when painting in the area and that this was systematic abuse of police power
and discrimination based on national origin. He explained that it was up to this individual or her
husband to sue the City for damage to her vehicle.
Mr. Rodriguez advised that there had been an assault involving the Police Department, and this was
something to be handled by the Police Department and not the DHRC. He indicated that there had
been an attempted murder, three (3) different people had claimed that they had been threatened to
be killed, and this had to be handled by the Police Department or Attorney General’s Office.
Mr. Gaddis asked what Commissioners should do if a complaint is brought to one (1) of them.
Responding, Mr. Rodriguez stated his belief that members would have a duty to give the complaint
to the Commission to make a decision whether or not it was within the DHRC’s jurisdiction, and he
offered to provide a legal opinion if they had a question. He noted that in a situation where members
know definitely that a complaint is beyond their jurisdiction, such as a murder, they could state that
the DHRC is an advisory board and this does not fall within their jurisdiction.
Mr. Henderson noted that he, like Reverend Paige, is a pastor and would act as a citizen in a critical
situation, such as a murder or something that is life threatening. He noted that he is associated with
the Interdenominational Ministerial Alliance (IMA), which was involved in a number of social action
initiatives relating to things like fair employment and the hiring of the City of Dover Police Chief.
Mr. Henderson stated that he did not feel that he was “frozen” from acting. He indicated that he
considered serving on the DHRC as an additional responsibility for which he would have to go
through channels.
Mrs. Herbert advised that she was new to the Commission. Referring to Section C.2 of the City of
Dover Human Relations Strategic Plan - 2015-2018, she noted that this goal was to “Develop an
understanding with the State Human Relations Commission that will delineate the roles and
procedures of the two Commissions in the solution of alleged discrimination complaints which fall
within the jurisdiction of the State Human Relations Commission and identify and maintain specific
ways the two Commissions will work together.” She expressed confusion, stating that it seemed that
the DHRC was to advise the SHRC if an issue arose; however, it sounded to her that most things
should go to City Council, and she noted that she had gotten two (2) kinds of answers to this
question when she spoke to members of the SHRC. Mrs. Herbert asked if the DHRC is supposed
to advise the State Commission of problems the DHRC is experiencing, since the DHRC Strategic
Plan indicated that the two (2) Commissions were supposed to work together. She advised that she
was obtaining the names and phone numbers of people with whom she could talk regarding setting
up sharing with the SHRC but did not wish to do this if the DHRC was not supposed to do so.
Mr. Rodriguez noted that the SHRC is an advisory commission, as the DHRC is.
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Mrs. Herbert stated that it sounded as if the DHRC was supposed to advise Council, who would then
decide who has jurisdiction. Responding, Mr. Rodriguez advised that he did not think this was
necessary. He stated that if members were dealing with an issue that was beyond the DHRC’s
jurisdiction or had questions that they felt must be answered by the State, members could bring them
up with the SHRC. He provided a handout regarding State legislation relating to the creation of the
SHRC and describing its jurisdiction (Attachment #1).
Reverend Paige stated that the SHRC can investigate complaints of discrimination, which the DHRC
cannot do. Mr. Rodriguez advised that the SHRC was given subpoena power; therefore, if they want
to hear from witnesses in regard to complaints, they have the right to subpoena individuals to come
before them to give testimony. He stated that subpoena power for the DHRC was previously brought
up and Council decided that it was not necessary. Mr. Rodriguez indicated that members may want
to bring this issue up again; otherwise, if they were investigating a matter and asked a private person
to come voluntarily, this person would not have to do so. He noted that, if the DHRC had subpoena
power, individuals would be required to come before the Commission. Mr. Rodriguez stated that
he did not know Council’s thoughts on this, but subpoena power was probably something that
members ought to have, and they could make that request to the Council President if they wanted
to do so. He noted that they could utilize the fact that the SHRC has this power, stating that this was
the only way the DHRC could fully develop an investigation.
Mrs. Herbert stated her understanding that a lack of resources for the DHRC had been mentioned.
Mr. Rodriguez indicated that this may be so; however, he stated that Commissioners’ positions were
becoming more important all the time. He stated that the current times were more troubling than any
he had ever seen, which made the DHRC’s position more important in trying to solve the problems.
Reverend Paige expressed her belief that the missions of the SHRC and DHRC should walk together,
noting that the SHRC has jurisdiction over the State and the DHRC over the corporate City.
Responding, Mr. Rodriguez indicated that this was well put and that the commissions’ jurisdictions
were the same, except that DHRC’s powers were limited to the City of Dover and the SHRC covers
the State of Delaware. He stated that he thought the two (2) commissions were basically the same
in their purpose and jurisdictions and both were advisory boards, with the SHRC advising the
General Assembly and Governor and the DHRC advising the Council and Mayor.
Mrs. Herbert asked if everything in the Strategic Plan had to stay in there, stating that there were
several things that did not seem to make sense. She noted if that if the SHRC and DHRC were
working separately, she could see why they would communicate, but if they were performing the
same functions, with one (1) covering Dover and the other covering the whole State, she stated that
they would not really be interacting.
Mr. Rodriguez expressed his belief that Mrs. Herbert was right, stating that there had been occasions
in the past when the DHRC wanted to ask the SHRC how they thought the DHRC should act. He
indicated that the Commission could do this because the SHRC’s jurisdiction is Statewide, which
would cover the City of Dover.
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Mr. Rodriguez stated that Councilman Sudler had previously served as Chair of the DHRC, did a
fantastic job, and in 2012 held public meetings that covered two (2) critical topics: decreasing hate
crimes in Dover and gang violence and organizations. He explained that Mr. Sudler had set up
public meetings that were advertised and had knowledgeable speakers come, which Mr. Rodriguez
stated was a very good thing to do. Mr. Rodriguez suggested that members read the 2012 DHRC
Annual Report to City Council (Attachment #2), which was very comprehensive.
Mr. Henderson asked if it was important for Commissioners to have a closer relationship with
Council, and Mr. Rodriguez stated that he thought this would be good.
Mr. Rodriguez advised that if members had any questions or matters to discuss, he would be happy
to come to future meetings.
Mr. Henderson asked what goes through the minds of City Council members when selecting a
DHRC Commissioner. Responding, Mr. Rodriguez noted that factors are included in Chapter 58 -
Human Relations Commission, of the Dover Code. Mr. Henderson pointed out that
Sections 58-32(b) and (c) include provisions, and Mr. Fleming noted that Section 58-31. Purpose
states that the DHRC is “to include members who are broadly representative of the entire community
and who are committed to a philosophy of inclusion, intergroup cooperation, and fair treatment that
will effectively help the city.”
Mr. Fleming noted that Section 58-33(c) spoke to meetings of the DHRC and referenced five (5)
meetings per year. He asked what procedure members would follow if they agreed to request that
this section be changed, noting that this had not been discussed by members. Mr. Fleming suggested
a possible change to state, “The Commission will hold as many meetings as is necessary to conduct
the business of the Commission. Special meetings may be called by the chairman or three members
of the commission. No fewer than five meetings per year. Meetings shall be held at City Hall and
other places in the community in accordance with the laws of Delaware regarding the Freedom of
Information Act (FOIA) and City of Dover procedures. The Commission will distribute its agenda
and minutes through the City Clerk’s Office.” Mr. Fleming noted that when he had previously
served on the DHRC, members were able to have meetings outside of City Hall. He stated that
people had come to City Hall for meetings; however, the DHRC had also gone to other agencies or
community associations within the City. Mr. Fleming noted that members were now prohibited from
doing this. Responding, Mr. Rodriguez stated that the DHRC could request this to be changed by
writing out suggested wording for amending the code and submitting it directly to the Council
President, noting that the code could be revised through adoption of an ordinance by Council. He
indicated that members could do this at the same time they submit any other changes they think
necessary, such as the subpoena recommendation. Mr. Rodriguez indicated that he was unsure why
members were restricted to meeting at City Hall; however, he stated that he thought locations should
be limited to within the City of Dover. Mrs. Jody Stein, Administrative Assistant, City Clerk’s
Office stated that this provision may be due to the fact that meetings are recorded. Mr. Henderson
noted that recording and staffing by the Clerk’s Office could be a challenge.
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Reverend Paige asked why the DHRC was restricted from meeting outside City Hall and if other
commissions, such as the Planning Commission fall under the same rules. She also questioned the
rules regarding a gathering of more than a quorum of members. Reverend Paige asked if two (2) or
three (3) members must keep DHRC business out of their conversation if they are having a casual
dinner together because this would be considered a meeting. She indicated that she felt this
restriction was a violation of free speech. In response, Mr. Rodriguez stated the need to be very
careful, noting that it could be considered a violation of the Freedom of Information Act (FOIA) if
more than three (3) or four (4) members met, even if there was less than a quorum of members
present. Reverend Paige stated that she was having trouble understanding this, noting that she may
have dinner with a member or run into a member, and she asked if they were prohibited from
mentioning DHRC topics in a casual dinner setting. In response, Mr. Rodriguez stated that he did
not believe it would be a problem if a topic came up while members were socializing. He advised
that the rules of public notice would be violated if there was a planned meeting for several members
to discuss business that would come before the Commission. In response to Mr. Henderson,
Mr. Rodriguez advised that Council was under the same restrictions and must comply with the
Freedom of Information Act.
Mrs. Herbert asked how meetings are announced, stating that she had not seen an announcement in
the newspaper. Responding, Mr. Rodriguez advised that DHRC meetings are set up with the
Chairman. Mrs. Herbert questioned how citizens are publicly notified of DHRC meetings.
Responding, Mrs. Stein explained that meeting agendas are posted on the City of Dover website.
Mrs. Herbert advised that meetings of some other organizations are advertised in the paper. She
noted that some people do not have computers and some who might be interested are not involved
because announcements are not put into some other form of media.
Mr. Gaddis questioned how many citizens of Dover know there is a DHRC and expressed the need
to publicize the Commission’s existence and its meetings, and Mr. Henderson indicated that this
would be discussed later in the evening.
Mrs. Herbert moved to recess, seconded by Reverend Paige and unanimously carried.
Meeting recessed at 6:49 p.m.
Mr. Fleming moved to reconvene, seconded by Mr. Gaddis and unanimously carried.
The meeting reconvened at 7:00 p.m.
Mr. Henderson stated that he liked the idea of revisiting subpoena power for the DHRC and the
information that Council could change the frequency of meetings. Mrs. Herbert stated that the code
change that Mr. Fleming had suggested would give the DHRC more freedom. She noted the
problem with recording meetings but indicated that she did not know why this could not happen in
another location.
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Mr. Henderson advised that the DHRC had held more than five (5) meetings per year since he had
been a member. He noted that members had come and gone and stated that, for the sake of the
continuity of the Commission, he had suggested having meetings once per month.
Review of DHRC Strategic Plan 2015-2018 Long-Term Objectives and Development of Work
Plans
Mr. Anderson reviewed the Long-Term Objectives for the DHRC, as stated in the DHRC Strategic
Plan 2015-2018, noting that objectives A.1, A.2, C.3, and C.4 applied to the Government Policy,
Programs, and Practices Committee, chaired by Mr. Gaddis; objectives B.1, B.2, B.3 applied to the
Community Engagement Committee, chaired by Ms. Mullen; objectives B.4 and D.3 applied to the
Education Committee, on which Mr. Fleming was serving; and objectives D.1, and D.2 applied to
the Communications Committee, chaired by Reverend Paige. He noted that objective D.2 regarding
improving community awareness of the Commission and a better understanding of its role would
also fall within the scope of Ms. Mullen and the Community Engagement Committee. He stated that
long-term objectives that applied to the Commission as a whole were objectives C.1, C.2, D.4, and
D.5.
In regard to objective A.2 “Building on its partnership with the Dover Police Department, identify
additional human relations approaches and lessons that can be integrated into the Dover Police
Department’s ongoing Community Relations strategy,” Mr. Henderson suggested getting in touch
with the new City of Dover Police Chief and possibly having him come and speak to the
Commission.
In regard to objective C.1, “Define when a diversity, inclusion and or a human relations issue exists
and specify the types of these issues that will be accepted by the Commission; and, identify and
implement a process for receiving and responding to such issues by taking action to correct or
improve the situation,” Mr. Henderson advised that all members were responsible for this objective.
Mrs. Herbert asked how this would be done by all members. Responding, Mr. Henderson stated that
the problem would first have to be identified and members would come together to discuss it in a
meeting setting.
Mr. Henderson referred to objective C.2, “Develop an understanding with the State Human Relations
Commission that will delineate the roles and procedures of the two Commissions in the solution of
alleged discrimination complaints which fall within the jurisdiction of the State Human Relations
Commission and identify and maintain specific ways the two Commissions will work together.”
Mrs. Herbert stated that someone needed to liaison with the SHRC to accomplish this goal, noting
that it is hard to find the right person to talk to and she did not see this as a group activity, unless
subjects are identified for the group to deal with.
Mr. Henderson indicated that Mrs. Herbert had recently attended an SHRC meeting, and he was very
impressed with the input she provided regarding this event. He suggested that she would be an
excellent liaison. Mrs. Herbert stated she could do this and Mr. Henderson offered to attend
meetings with her.
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Responding to Mr. Henderson, Mrs. Stein stated that typically the items identified for action during
workshops are placed on subsequent meeting agendas for consideration.
Mr. Henderson offered to attend SHRC meetings with Mrs. Herbert. She stated that she hoped to be
able to sit down with someone from the SHRC, noting that the people in charge appeared to be in
Wilmington, rather than Dover, although she noted that Councilman Sudler was serving on the
SHRC. Mrs. Herbert advised that Mr. Calvin Christopher, Chair, SHRC, is a volunteer. She
indicated that if the DHRC would be referring items to the SHRC or if SHRC would be looking at
the DHRC’s actions because the DHRC is in the State, it would be nice to know that the DHRC is
doing things correctly. She requested that consideration of a DHRC liaison to the SHRC be placed
on the next DHRC agenda, and Mr. Henderson agreed.
Mr. Henderson referred to objective D.5, “Identify and seek funding from other governmental,
philanthropic, or private organizations to more effectively carry out its responsibilities.”
Mrs. Herbert indicated that she was not sure about fundraising as an objective, stating that the DHRC
would not be writing grants and was not keeping numbers regarding referrals. She stated that the
DHRC may know what the issues are in the community; however, empirical data would be needed
to obtain funding. Mrs. Herbert stated that, in her opinion, this objective should not be in the
Strategic Plan. Reverend Paige asked if this provision of the Plan was new. Responding,
Mr. Fleming stated that he did not recall this provision during his past service.
Mrs. Herbert stated that the Commission had enough to do without trying to raise funds, and
Reverend Paige indicated that she did not feel that this objective was needed. Mr. Henderson asked
if this provision in the Strategic Plan could be amended. Responding, Mrs. Stein advised that if
members wished to make changes to the strategic plan, they may want to consider this as a future
agenda item, gather all of their recommendations, and then submit them to Council.
Mrs. Herbert noted that there were three (3) potential changes to consider, including subpoena
power, Mr. Fleming’s suggestion about expanding Council meetings, and the elimination of
long-term objective D.5 in the Strategic Plan regarding fundraising.
In regard to the Community Engagement Committee, Mrs. Mullen stated that a DHRC brochure that
included bullet points regarding the Commission’s functions would be helpful in achieving her goals
and objectives. Mr. Fleming noted the Commission had previously had a brochure, and Mrs. Stein
noted that it had been attached to previous Commission minutes.
Mrs. Herbert advised that those who attended the Community Café Event at Wesley College had not
known that the DHRC existed. Responding, Mr. Henderson indicated that DHRC members had
been coming and going since he had been on the Commission and that membership had been
affected by Section 58-32(d) of the code, which states that no member of the Commission shall hold
any elected or appointed position.
Mr. Gaddis moved to recess, seconded by Mr. Fleming.
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Meeting recessed at 7:28 p.m.
Reverend Paige moved to reconvene, seconded by Mr. Fleming.
Meeting reconvened at 7:34 p.m.
Mr. Henderson noted the desire to establish goals for the DHRC Committees and for the DHRC as
a whole.
In regard to the Government Policies, Programs, and Practices (GPPP) Committee, Mr. Gaddis stated
a goal of finding outside people to serve on the Committee. He advised that he would be unable to
accomplish the goals by himself and thought this applied to all of the committees. Mr. Gaddis
indicated that an additional goal was to be formally introduced to the City Manager, Human
Resources Director, Police Chief, and union representatives, stating the desire to meet both
management and labor.
In response to Mr. Gaddis regarding where to access the City’s Code of Ordinances, Mrs. Stein
explained that there was a link to the City’s municipal code on the home page of the City of Dover
website.
Mr. Gaddis referred to objective C.4, “In cooperation and partnership with community organizations
and public and private mediation services, assist in developing plans for monitoring sources of
intergroup conflict and for responding to and managing community conflicts and disruptions in
Dover; and participate in managing community conflicts in accordance with these plans.” He
indicated that, in order to accomplish this, he needed to know what formal organizations are known
to the City of Dover. Mr. Gaddis stated that he was aware of the Sankofa African Dance Company
and several churches that were community organizations but was unsure about others. Mrs. Herbert
suggested that the newspaper may be helpful.
Ms. Mullen asked if Mr. Gaddis was thinking of Masonic lodges, etc. Responding, Mr. Gaddis
indicated that he was thinking of lodges, as well as Asian-American and Hispanic organizations. He
noted that there is an African American Festival in the City but was unsure if there was an Asian or
Hispanic festival and questioned whom he should contact. Responding, Mr. Henderson advised that
this goal applied to several of the committees, noting that members should help and communicate
with each other. He explained that Reverend Paige is a fellow member of the clergy and that he and
Reverend Paige serve on numerous commissions, including the very active Interdenominational
Ministerial Alliance (IMA). Mr. Henderson advised that Reverend Paige is very involved in the
community, as are her sister, Dr. Wilma Mishoe, and her nephew, Councilman Sudler. He indicated
that members could find this information on their own and share it with each other.
Ms. Mullen informed members that she had an opportunity to participate in a radio talk show
segment and asked if this would be permissible. Responding, Mrs. Stein indicated that this could
be placed on a meeting agenda for members’ consideration and, if they chose, this could be
recommended to Council.
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Mr. Henderson cautioned members to be careful with social media, such as tweets. He advised that
a previous commissioner had issued a politically slanted social media message, which caused
problems; however, he stated that he did not have a problem with Ms. Mullen’s proposal.
Ms. Mullen stated that one (1) of her goals was to increase awareness within the community through
radio, brochures, and literature, and she indicated that this would overlap with Reverend Paige’s
goals for the Communications Committee. Mr. Fleming advised that this goal would also overlap
with the Education Committee’s goals.
Reverend Paige advised that the Communications Committee would be involved with every
committee, because they would each have information to disseminate and the Communications
Committee could help with this. Referring to Commissioner Mullen’s idea about a brochure, she
explained that all members would work together to promote this. Reverend Paige stated the need
to be careful with social media; however, she noted that it could be a valuable tool. She indicated
that an expungement clinic had recently been held that serviced more than 100 people, and most of
the participants found out about it on social media through flyers that were posted on a Facebook
page. Reverend Paige explained that the IMA has a social action page that she updates when there
are events. She stated the need to use social media for informational purposes, such as advertising,
and not for editorials.
Mr. Fleming stated that members’ new business cards would also help to increase awareness.
Ms. Mullen stated the goal to educate the Dover community concerning the purpose and mission of
the Commission. She noted that there is an African American Festival in Dover and suggested the
possibility of holding a Unity Day to bridge the community. Mr. Henderson suggested that
Ms. Mullen contact Mr. George Bailey, who works at Sam’s Club, in this regard, stating that
Mr. Bailey has information about various observances and could be a resource for the Community
Engagement Committee. Ms. Mullen indicated that this type of event would benefit the City as an
attempt to alleviate discrimination by acknowledging the differences that make people unique. She
suggested naming the event “Diversity Day,” and Mrs. Herbert stated that she had been thinking
about “Unity Day,” but also liked “Diversity Day.” Reverend Paige indicated that she liked “Unity
Day.”
In regard to goals for the Education Committee, Mr. Fleming stated that he thought handing out
members’ new business cards to different groups and individuals would help to get the news out to
a degree. He noted that he also liked the brochures that the DHRC had previously distributed, noting
that members could set up a table outside of Walmart or Sam’s Club to distribute brochures and
answer questions. He asked if the Commission had a budget to print in the newspaper the fact that
there is a DHRC, who the members are, and their numbers.
Mr. Fleming asked if people from the community had come to the Commission in last six (6) months
or year stating that they had a problem or concerns relating to diversity, inclusion, or prejudicial
treatment. Mrs. Herbert stated that the DHRC should put out something stating that they exist;
however, she was concerned that people would then begin to come to the DHRC, and she expressed
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the need for liaison with the SHRC. In response, Mr. Fleming advised that, during his prior service,
the DHRC did not deal much with the SHRC. He explained that the SHRC was not unwilling to
help, but they had other matters to attend to and the DHRC was dealing with Dover concerns. He
noted that when people raised concerns about having to pay too much for their gas bills, the DHRC
had a seminar where individuals from Chesapeake Utilities explained how to save money for heating
and oil. Mr. Fleming indicated that people must be from Dover in order for their DHRC to hear their
complaints or concerns.
Mr. Fleming indicated that he was developing goals for the Education Committee but was open to
suggestion. Mr. Henderson suggested that all members publicize any symposiums, studies, or
programs offered by the University of Delaware or DSU about diversity, Hispanic appreciation,
African-American history, etc. He noted that the Dover Public Library might be another good
resource for the Education Committee, noting that they are in touch with various commissions and
programs. Mr. Henderson advised that the DHRC had helped to sponsor a “Cracking the Code” film
through the library and suggested that the library be asked what opportunities they may have relating
to the DHRC’s goals.
Mr. Fleming noted that he had taught as an adjunct at Wilmington University in multicultural
education for people going through the career and technical degree program. In addition, he
indicated that he and would not object to talking with the Capital School District to see if there was
something Mr. Fleming could do or some medium that the District could use to get the word out
about the DHRC.
Mr. Henderson noted that he serves as the current President-Elect of the rotary, and that
Mr. Dan Shelton, Capital School District Superintendent, is also a member and wants to work with
the DHRC. Mr. Henderson invited each member of the DHRC to attend a rotary meeting as his
personal guest, noting that the Mayor, City Councilmen, lawyers, doctors, etc., attend these meetings.
He advised that meetings are held at Maple Dale Country Club at noon on Thursdays and that this
would be another way to engage and educate others.
Mrs. Herbert noted that Mr. Henderson had mentioned putting out information regarding diversity,
etc., and asked how this would be done. She asked if the DHRC had a website. Responding,
Mrs. Stein explained that the DHRC has a webpage on the City of Dover website and could post
content through the City Clerk’s Office.
Mr. Fleming pointed out that the website was listed on members’ business cards; however, a great
many people do not use website intel.
Mr. Gaddis asked if website content would have to be discussed in a meeting, voted on, and
approved by Council. He noted that this would involve a series of steps, and it may take a while for
information to be posted if there was not a Council meeting at the right time. Responding,
Mrs. Stein stated that she was unsure if this would be required for the posting of events, since the
webpage had not been utilized for this purpose. She suggested that members agree on an overall
vision of how they would like the webpage to look, noting that this information would be forwarded
Page 12
DOVER HUMAN RELATIONS COMMISSION
MEETING OF MAY 25, 2017 PAGE 12
to Council with the Commission’s minutes. Mrs. Stein stated that it may then be possible to just
update information that has been posted. Mrs. Herbert stated the desire to cover all things and be
inclusive with content.
In regard to goals for the Communications Committee, Reverend Paige indicated that she saw her
position as working with the other committees and promoting them by helping them to get the word
out. She stated that the DHRC’s mission should be on the website, as well as upcoming activities.
Reverend Paige also suggested including information to help residents, noting that the first thing that
occurred to her was how to apply for housing.
Mr. Fleming suggested submitting a picture of the Commission, including their members’ names,
in The Dover Post or Delaware State News and inviting people to come to a meeting. He indicated
that the DHRC could have a booth at the Dover Days festival and pass out business cards and
brochures, noting that this would be expensive. Reverend Paige indicated that Restoring Central
Dover’s Community Day would have been a good opportunity for a DHRC table.
Mr. Henderson asked if members had held a workshop before. Responding, Mr. Fleming indicated
that this had not occurred during his prior service, and Mr. Henderson stated that this had not
occurred during his service either.
Mr. Henderson stated the desire for members to support and encourage each other as they pursue
goals. He noted that having subpoena power would be powerful. Reverend Paige expressed her
opinion that things must be worked in gradually and suggested making small changes and doing this
well, before asking for something else. She suggested allowing Council to see the benefits and
advantages of granting DHRC requests, noting that the DHRC may be rejected if they ask for
everything at once. Mr. Fleming concurred, stating that if subpoena power was requested, Council
would ask members whom they wanted to subpoena, and he did not think subpoena power was
needed now. Mrs. Herbert noted that when it is found that the DHRC has subpoena power, members
would be seen as those who pull people in and subpoena them, rather than being there to help people.
Mrs. Herbert referred to Mr. Fleming’s comment about a presentation that had previously been given
regarding home heating. She indicated that she liked the idea of networking in this way and having
presentations that helped to connect people with resources, such as the “Bridge the Divide
Community Café” at Wesley College, where professionals in separate rooms had discussed topics
and answered questions for those who were interested. She noted that, during the first portion of the
event, there was also discussion about what people saw as creating a divide as opposed to bridging
it. In response to Mr. Henderson regarding contact information for those involved in the event, she
stated that she was awaiting information from the event and would provide it to members. She noted
those who attended included individuals from the SHRC, community police officers, and individuals
from the Department of Housing and Urban Development, Dover High School, and DSU, and
Reverend Will Grimes from NCALL.
Reverend Paige suggested that members work during the next six (6) months on workshops and
awareness programs, by either inviting people in or going to them, or perhaps doing a combination.
Page 13
DOVER HUMAN RELATIONS COMMISSION
MEETING OF MAY 25, 2017 PAGE 13
She indicated that this would be a good way to start getting the DHRC’s name out and show what
they are doing. Reverend Paige advised that this would impress Council, and the DHRC could then
move on to the next items that members want to get done. She suggested having someone come to
talk about landlord/tenant issues or discuss the landlord/tenant code. Reverend Paige indicated that
residents are supposed to receive a copy of this code when they pay their deposit and sign their
agreements; however, many landlords do not provide it.
Responding to Mr. Henderson regarding the possibility of setting a goal to sponsor these types of
symposiums or educational experiences, Mrs. Stein expressed her opinion that this is what the
Commission was all about. Mrs. Herbert asked if it was desired to get involved with those who
sponsored the Community Café, and Mr. Henderson indicated that it was.
Mr. Gaddis expressed the need for members to sell the DHRC to Council, stating that he was unsure
if Council thought they were of any importance, and Mr. Henderson concurred. Mr. Henderson
stated the desire for Council to recognize the DHRC as a significant committee working toward its
goals and the good of the community.
Mrs. Mullen stated that she had formulated relationships with Councilmen Cole and Neil and the
Mayor, and had recently done this with Councilman Sudler. She indicated that it had taken action
on her part to do some engaging, and they had gotten to know her and what part she was playing in
the community. Ms. Mullen indicated that her neighborhood association board had met at City Hall
with the Mayor and Police Chief and noted that these individuals will engage. Mrs. Herbert advised
that the Representative Sean Lynn comes to many events as well.
Reverend Paige indicated that if the DHRC was involved in these kinds of activities they would be
able to show Council exactly what they are engaged in rather than telling them.
Mr. Henderson noted the importance of putting information on the website, online, and in the
newspapers so that the DHRC will be recognized in the community. He stated the desire to
accomplish what the Commission was charged to do and for members to feel empowered.
Reverend Paige suggested prioritizing by picking three (3) or four (4) things and doing them well,
rather than having members overextend themselves.
Mrs. Herbert suggested that Unity Day be a goal that members would work toward in the future. She
indicated that this should be a cumulative goal following the first year or year-and-a half.
Reverend Paige and Mrs. Herbert suggested that all members obtain Commission shirts, and
Mrs. Herbert suggested that members wear them in a parade, such as a Christmas parade. Mrs. Stein
explained that former Commissioner Bogle arranged to have City of Dover shirts embroidered for
members through Dover High School and asked if another member would be willing to take on this
task. Responding, Mr. Henderson indicated that he would be willing to do so.
Page 14
DOVER HUMAN RELATIONS COMMISSION
MEETING OF MAY 25, 2017 PAGE 14
Mr. Henderson thanked Mrs. Stein for her efforts in support of the Commission. He noted that he
would be helping all of the committees. Mr. Henderson advised that three (3) vacancies remained
on the Commission, in the First, Second, and Fourth Districts, and stated that he would encourage
Council to appoint more members.
Mr. Henderson asked if members wanted to continue meeting on a monthly basis or take a summer
break. After discussion, members agreed to schedule their next meeting for June 22, 2016.
Public Comment
There were no members of the public present wishing to comment.
Mr. Gaddis moved for adjournment, seconded by Mrs. Herbert and unanimously carried.
Meeting adjourned at 8:30 p.m.
Theodore A. Henderson
Chair
TAH/JS/dd
S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Misc-Minutes\HUMAN RELATIONS COMMISSION\2017\05-25-2017 DHRC Workshop Minutes.wpd
Attachments
Attachment #1 - Handout - State Legislation Regarding the Creation and Jurisdiction of the State Human Relations
Commission provided by Mr. Nicholas Rodriguez, City Solicitor
Attachment #2 - 2012 DHRC Annual Report to City Council
Page 15
ATTACHMENT #1
Dover Human Relations CommissionWorkshop of 05/25/2017
ST ATE HUMAN RELATIONS COMMISSION
This Commission is created under 31 Del. C. §3001 and consists of 28 Members with
powers and duties to cooperate with the Governor, the General Assembly , public agencies, civil
groups, etc. To this end, the Commission may act as a conciliator in matters involving race, age,
marital status, color, sex, disability, creed, national origin or ancestry, provided that they comply
with the provisions of the Freedom of Information Act. They may make investigations, surveys,
and studies as are permitted in the performance of its duties, to make recommendations to the
Governor and General Assembly concerning needed legislation. So, really, the State Human
Relations Commission is alse an dviso group; although, in investigating cases within their
jurisdiction to give aclvismy i:.~Gornmendations, they have the subpoena power to get witnesses to
testify before tbe Commission. At one point, a motion was made to give the Dover Commission
the subpoena power. This was never implemented by Council.
Page 16
ATTACHMENT #2
Dover Human Relations Commission Workshop of 05/25/2017
DHRC 2012
ANNUAL REPORT
Presented by: Roy Sudler, Jr.
Title: Chairman
Date: March 25, 2013
Page 17
Contents of Presentation
1. Origin of the Commission
2. Enabling Legislative Powers and Duties
3. Operating Procedural Flowchart
4. Intake Forms Reported
5. Complaint Against DHRC
6. DHRC Concerns and Recommendations
7. Certificates of Training
8. Special Forum on How to Report Hate Crimes
9. Proposed Resolution and Funding
10. Questions
Page 18
Origin of the Commission
2001 - Controversial Death of Dover Resident
Reginald Hannah vs. Dover Police Department
A). Death Threats and shots fired towards Dover
Police Officers
B). Racial Tension Between the African and
Caucasian American Community
Page 19
Enabling Legislative Powers & Duties
1. Pursuant to Chapter 2 – Administrative, Article I, Division 6,
Section 2 – 21 and Article II Section 58 – 31
Titled: Human Relations Commission’s Purpose;
2. DHRC – Commissioners:
Dr. Kim Warfield, Dr. Phyllis Edamatsu, Dr. Linda Hackett,
Mrs. Faye D. White, Ms. Justina Brewington, Mr. Thomas Steele,
Mrs. Ellen O. Wasfi, Vice – Chair Dawn Allen Pyne and Chairman
DHRC Roy Sudler, Jr.
Page 20
DHRC - Active Committees;
Intake Screening Committee Chair [Dr. Kim Warfield]
School Programs Chair [Ellen O. Wasfi]
Assessment Chair [Dr. Phyllis Edamatsu]
Community Programs Chair [Vice Chair -Dawn Allen Pyne]
Fiduciary Duties of DHRC Commissioners:
Each Commission Member has a fiduciary duty to be non-bias in
investigating and resolving case disputes. Commission Member’s
exemplify unique professional and personal characteristics, that are
imperative for allowing the commission to properly carry out and
effectively accomplish the objectives, functions, and services
contemplated by Division 6, Section 2-21 of the Dover Code.
Page 21
D, Commlqg l o n Mee-ting F'9wcl>et r l
Meeting Procedural F low chart
P ublic P r e-.t-t11lr11 ;1 1r1
Regu lor M ooting without prior
NnfleA
AQ~nr.f.a I tem "'New l n teko r o,.m
Bu:>i n C3s .. et a Cumpleten 1n r1Ays
t<egu lar Wloetlng
~
before M eeting
....,,
.
-i
Fact- r inding
Pitt>llc SP""al<.s-
rer3o n r"iGno & Refer to
R es.pons• P:.n.y r'liecrslon Making
Meeti ng Ck>s.ed -
I ,/ Report
/
/" .
Cui 11 1rlis:sio n Aco:lln n Cu1tlh 1ut:S to T akP. Mnr1
~~
-rectimony
O ec1s t.0n-Mak1n9 lcouc Di:.cuo3cd em o ~ Oooido No .Jurbd ictlon
tAee thl1J r. nrnm l.ssJon In Pl•b ic. F- R"r,_.-
But no Act ual Tootimony
Oeelsion
l . o . , Recommo nctot•on.
No Ju1isdic t .on
Opinion of Commlccion
Page 22
DHRC Intake Forms Reported
• 3/5 Index Cards
1 Promoting Racial Tension
• Alleged Police Brutality
2 Complaint against Dover
Police Department
• Henry Fordham’s Alleged
3 Lynching and Hate Crime
Complaint [pg. 29 – 35]
Page 23
3/5 Index Cards Promoting Racial
Tension
Page 24
Complaint Filed against the
Dover Human Relations
Commission
Filed with the City Clerk’s
Office by Mr. Eshed Alston
of Dover, Delaware.
(Review Page 33)
Page 25
DHRC – CONCERNS
1. FLOWCHART BEING ADHERED TO PURSUANT TO
THE CITY OF DOVER’S BY-LAWS FOR THE DOVER
HUMAN RELATIONS COMMISSION
ARTICLE IV- COMMISSION INTAKE, NOTICE AND
MEETING PROCEDURES
SECTION : 1 [BRINGING FORTH MATTERS]
VII. FORMS
2. ARTICLE II SECTION 58-33. ORGANIZATION;
QUORUM; MEETINGS; RULES OF PROCEDURE;
LIMITATION OF FUNCTIONS; AGREEMENTS;
COMPENSATION; LEGAL COUNSEL; REPORTS.
(E) LIMITED FUNCTIONS OF THE COMMISSION
Page 26
Landlord/Tenant
Training 2012
Presented by the
Law Office of
Michael P. Morton,
PA.
mmorton@michae
lpmorton.com
(302) 426.1313
Page 27
INVESTIGATING AND PROSECUTING HATE CRIMES
Del .;:n111~re $'t~te u 1-.iv~r,;: i ty
Martin Lu'ther Kins, Jr. Stud•nt S•rvic:cs C~n t~r
1:!:00 N . DuPon t H i,shwav
Do"\#er, Delaware
8:00- 9 : 00 ~. m . RECISTRATION
9:oo- 9 :3o· a.m. OPENING REMARKS
Ch ;;u· h:~ M . Obel'ly, Ill, United States. /\tto,.ney, O ist1·1ct of L>elawa r e
Matt Nosanchuk, Senior Counsel or, Clvll Rig hts Division, USDOJ
Delaware State u n1vers11v H.ep r esen tativr.t
9 : 30 - l.0:15 ;;i.m. LEGAL OVCRVICW OF F EDERAL HATE CRIMES LAW
MyQ:,h;;:i Br;Jt;i<::n., Tf'i ~ I Al\Ofoey, USOOJ Civil t-tigh ts t>i v lslon
10:15 - 10:"15 a.m. FBI BrlQflna - F8V$ Rolu in thu lnvcu;tig~tion ot Hr.at<.! Cr-im-.:~
C>r cw W i l tt s , Svpc.,;rvi ~r-y Speci ttl Ageo1, F BI HQ
10:45 - 11:00 B R EAK
:1.1:00 - 12:00 p.n1. HATE CRIME CASC STUDY
Slu::r11,1rult:1ol1 Hott• r1·i1ru:
Mye!'. h.a Bl"aden. Tl"lal Att01"11ey; USDOJ C IVIi R.lghts Division
F BI Special Asent Alan Jones
12: 00 - 1 :15 p.m. LUNCH DRCAI< (on you,. own)
1:15 - 2:4S p.m. SPECIAL GUEST SPEAKERS
Sheriff Oc:sve O'Ma1ll<:y - form~r Chic:::f of Police::,. Lt1 r ttrr1ic:, Wyun1ing
J ud y Sh f~()~u·d - Mothc;!r M : tll.h €: w Sh e p "91'CI
2 :45 - 3.:00 p .m. BREAK
3:00 - 3:45 p.m. TOWN l.fAL.L: FOSTERING COOPCRATION OET\IVEEN LAW ENFORCEMENT and
the COMMUNITY
rV1ode.·.,.to1·: C h.'ltlef. M . Obe f ly. I ll, United St.'Jle.s /\tl o r·nev·. Oi$"tficl of D e l~-.".... a r·t'!
Panellsts: T flcl a G i bbs, Supel"vlsory Speclal Agent,. FBI; Delaware
Hal"preet Singh Mokha. Regl onel Ol r ectol". Community R.elatlons Service
Ftomo11a S. Fl.1ll1n.;.1,, Olrector, (>elawi're Offic e of H un°lan K e l a tioo'I$
l(en Haltom, a.,ief Prosecutor. Kent County, O E Oepartn1ent of Justice
3:45 - 4:00 p . m . CLOSI NG REMARKS
Page 28
***********************************
COMMUNIITY & STUDENT
INVOLVEMENT IN RESOLVING
RACE HATE CRIMES
IN COMMUNITIES & HIGHER
LEARNING INSTITUTIONS
***********************************
PARTNERSHIP:
DE – Department of Justice
House of Representatives – 31st District
SHRC – Human Relations Commission
DSU – Police Department
DSU- Counseling Department
DSU- Freshman Student
Dover Community Leaders
[Pg. 18 – 29]
Page 29
Private Sector –
Salisbury Rd.
Page 30
Private Sector
South DuPont Highway
Page 32
Private Sector
North DuPont Highway
Page 33
Private Sector
South Little Creek Rd.
Page 34
RESOLUTION:
CESSATION OF
ILLEGAL GANG
FORMATION IN
DOVER, DELAWARE
*******************
Whereas; The City of
Dover, the State Capital,
strives to be a model for all
Cities in Delaware and the OJJDP FY 2012 Defending
United State.
Childhood Resource Center:
Whereas; The Mayor and
City Council have granted
Powers and Duties to the Improving the Nation’s
Dover Human Relations Response to Children
Commission, Pursuant to Expose to Violence.
Article II. Sec. 58-31.
Page 35
That Concludes the Dover Human
Relations Commission’s
Annual Report
Page 37
DHRC 2012
ANNUAL
REPORT
SUBMITTED BY: CHAIRMAN ROY SUDLER, JR.
DATE: 2 / 27 / 2013
1
Page 38
ANNUAL REPORT 2012
INTRODUCTION:
The Dover Human Relation Commission [DHRC] is an advisory body created by the
Mayor and City Council in the year 2001. The Commission’s charge is to focus on
helping to decreasing racial tension and discrimination throughout the City of Dover.
Pursuant to Chapter 2 – Administrative, Article I, Division 6, Section 2 – 21 of the
Dover Code; The Commission has been granted the powers and duties to investigate
claims of unfair treatment and develop ways to monitor intergroup conflict among all
segments of the City of Dover.
The purpose of the Dover Human Relations Commission is to serve as the focal point for
monitoring amicable relations between diverse races in the City of Dover.
The goal of the commission is to increase the quality of living for all constituents of
Dover by reviewing city programs, activities, functions and ordinance to enhance
communication and encourage cooperation among all residents of Dover.
The Commission consists of members appointed by 15; Mayor: 5 Members; Council
President based upon recommendations of Council: 10 Members/Confirmed by Council
that reside in the Dover for a three year term, which commissioners serve without
monetary compensation.
The current members of the Dover Human Relations Commission include Mr. Roy
Sudler, Jr. – Chairman, Mrs. Dawn Allen Pyne – Vice Chairwomen, Dr. Kim Warfield,
Dr. Phyllis Edamatsu, Dr. Linda Hackett, Mrs. Fay D. White and Ms. Justina Brewington
and Ellen O. Wasfi.
All Commission Members have experienced the long term demands often requiring
considerable time, extended periods and dedication to addressing multi – faceted unfair
treatment claims and racial tension in the City of Dover. The Commission’s efforts are
aimed at those who are suffering from discrimination and racial tension in the City of
Dover.
Each Commissioner has a fiduciary duty to be non-bias in resolving case disputes and
suggest alternative dispute resolutions between all parties. Commissioners have unique
professional and personal characteristics that are imperative for allowing the commission
to properly carry out and accomplish effectively the objectives, functions, and services
contemplated by Division 6, Section 2-21 of the Dover Code.
2
Page 39
The Commission has four active committees;
1. Intake Screening Committee Chair [Dr. Kim Warfield]
2. School Programs Chair [Ellen O. Wasfi]
3. Assessment Chair [Dr. Phyllis Edamatsu]
4. Community Programs Chair [Vice Chair -Dawn Allen Pyne]
The Commission’s enabling legislation powers and duties are pursuant to code –section 58
31– 33, which states the following:
ARTICLE II. HUMAN RELATIONS COMMISSION
Sec. 58-31. Purpose.
The city council has deemed it to be in the best interest of the city to establish a human
relations commission to include members who are broadly representative of the entire
community and who are committed to a philosophy of inclusion, intergroup cooperation,
and fair
treatment that will effectively help the city meet the following needs:
(1) Fairness, respect. Promote and develop an environment of fairness and respect
among its citizens;
(2) Monitoring. Develop ways to measure and monitor community relations,
particularly those that are sources of intergroup conflict;
(3) Intergroup relations. Involve all segments of the community in understanding and
appreciating the benefits of positive intergroup relations;
(4) Issues. Offer a range of programs and services that will help its residents and
neighborhoods prevent and resolve issues of human relations; and
(5) Intergroup conflict. Develop ways of anticipating, preparing for, and relieving
community tensions arising from intergroup conflict.
(Code 1981, § 2-16; Ord. of 2-11-2002)
Sec. 58-32. Established; composition; appointment; representation;
holding
other office; removal from office; terms of office; vacancies;
reappointments.
(a) Established. There is hereby established an advisory commission to be known as the
"City of Dover Human Relations Commission," to carry out the objectives as described in
this article.
(b) Composition; appointment. The commission shall consist of 15 members, all
residents of
the city. Five of these members shall be appointed by the mayor and confirmed by the
city council. Ten of these members shall be appointed by the president of the council,
based upon recommendations from the council and confirmed by the council.
(c) Representation. In selecting the membership of the commission, the mayor and
president of the council and the council shall take particular care to ensure that the
commission is broadly representative of racial, religious, gender and ethnic groups
residing in the city.
3
Page 40
(d) Holding other office; removal. No member of the commission shall hold any elected
or
appointed office under the government of the United States or the state, county, or city,
or be a candidate for any such office. The mayor or the city council president may
remove members of the commission, with the concurrence of the city council, for
substantial neglect of duty, or gross misconduct in office.
(e) Terms of office; vacancies. A member of the commission shall be appointed for a
term of
office of three years and until his successor has been appointed and has qualified. The
appointees shall be appointed for staggered terms of office. When a vacancy occurs in
the membership of the commission, it shall be filled by appointment for the unexpired
portion of the term in the same manner as the original appointment.
(f) Reappointments. Members may be reappointed.
(Code 1981, § 2-17; Ord. of 2-11-2002)
Sec. 58-33. Organization; quorum; meetings; rules of procedure; limitation
of functions; agreements; compensation; legal counsel; reports.
(a) Organization. The human relations commission shall annually elect its own
chairperson
to preside over its meetings and may create and fill such other offices and committees
among its members as may be found necessary and proper for its effective organization.
(b) Quorum. A majority of the membership of the commission shall constitute a quorum
and,
if a quorum is present, a vacancy on the commission shall not impair the right of the
remaining members to exercise all the powers of the commission.
(c) Meetings. The commission shall hold such meetings as may be deemed necessary
for
the completion of its purposes, responsibilities and functions. Regular meetings shall be
held at least once per month unless there is no business to be considered by the
commission. Special meetings may be called by the chairperson or three members of
the commission.
(d) Rules of procedure. The commission is also authorized to adopt rules of procedure
for
the conduct of its meetings.
(e) Functions limited. The commission shall not involve itself in activities or functions
already
assigned by law or decree to other governmental bodies.
(f) Agreements. The commission may enter into agreements and build partnerships with
other entities and organizations for the purpose of more efficiently and effectively
carrying out its responsibilities.
(g) Compensation. Members of the commission shall receive no compensation.
(h) Legal counsel. The city solicitor shall provide legal counsel to the commission and
shall
be the legal representative of the commission in connection with its duties hereunder, on
a case-by-case basis, or determine that outside counsel is needed and obtain such
outside counsel for a particular matter.
4
Page 41
(i) Reports. The commission shall make such reports to the mayor and city council as
shall
be periodically necessary. An annual report of its accomplishments and a summary of its
recommendations, as appropriate, shall be sent to the mayor and the city council.
(Code 1981, § 2-18; Ord. of 2-11-2002)
On January 3, 2012, @ approximately 3:44 p.m., Dr. Joe Burden Jr. called the Dover
Human Relations Commission Chair to discuss a 3/5 Index Card that was found on his
property by one of his residents. The Index Card displayed an image of a person of color
hanging from a tree by a rope tied to his neck. After listening to his concerns, I advised him
to submit the Index Card to the Human Resource Department or City Clerk’s Office for
review.
On January 16, 2012, @ approximately 7:00 a.m., The Commission attended the 29th
Annual Martin Luther King Jr. Payer Breakfast, which was highly attended and
outstanding. The Alpha Phi Alpha Fraternity Inc. Zeta Rho Lambda Chapter did an
excellent job. For our own Vice Chair Willie Jones was the MC of the Prayer Breakfast.
On January 18, 2012, Chair Sudler received an E-Mail from the City of Dover’s Human
Resource Department indicating that both Intake Forms were sent to the City Solicitor’s
Office for review. The City Solicitor advised the City Clerk’s Office to remove both
intake forms from tonight’s agenda. It was decided that the intake forms and concerns
should be forwarded to Chief James E. Hosfelt Jr.
On January 25, 2012, Chair Sudler called Council President Tom Leary to schedule an
appointment to discuss recommendation number 1 on Chair’s Self Review of the DHRC.
On January 26, 2012, @ approximately 3:30 p.m. Council President Tom Leary and
Chairman Roy Sudler, Jr. met to discuss a possible date and time for the DHRC and City
Council to sit down together and review the purpose, functions, and responsibilities of the
DHRC in accordance with the Powers and Duties Granted by the Mayor and City Council
for clearer detailed guidelines.
The meeting went well and I am looking forward to establishing a healthier relationship
between the Mayor, City Council and the Dover Human Relations Commission.
February 2012 Meeting was cancelled
5
Page 42
On March 3, 2012 @ approximately 2 p.m. at Wilmington University’s Duberstein
Admissions Center; 320 North Dupont Highway Newcastle, Delaware, Chair Sudler
attended a theatrical play called “GIVE ME THE BALLOT... MY VOICE MATTERS”
Featuring the life-story of Fannie Lou Hamer
Performed by: Mzuri Moyo and Healing Through Sound Music, Inc.
The life-story of Fannie Lou Hamer focused on slavery, the importance of a good education.
On March 3, 2012 @ approximately 7 p.m. @ Central Middle School located in Dover,
Delaware, Chair Sudler and Commissioner Dr. Kim Warfeild attended the Theatre Play
“Torn Between Two Fathers”, which elaborated on a Social Problem that most of our youth
and capital school district students face when their mother does not disclose the truth about
their child’s biological father.
On March 7, 2012, @ approximately 9:16 a.m. Chair Sudler left a voicemail message for
Chief Harry Downs of the Delaware State University Police Department to offer him the
opportunity to express exactly how imperative it is to cooperate with law enforcement
agencies when helping to resolve race hate crimes and other related incidents.
On March 12, 2012 @ approximately 11:45 a.m., Chair Sudler spoke with Curtis Coleman
who retired from the Capital School District as a Counselor for Dover High School 1980 –
90 in regards to remedies for dealing with emotional and social challenges after being a
victim of a race hate crime. Mr. Coleman said that “he would be more than willing to present
on that topic”.
On March 12, 2012 @ approximately 4:03 p.m., Chair Sudler visited Delaware State
University’s Counseling and Public Safety Division see if they would be willing to partner
with the City of Dover’s DPD & DHRC to discuss the value of Community and Student
Involvement when helping Law Enforcement Agencies in resolving race hate crimes and
other related incidents.
On March 12, 2012 @ approximately 7:00 p.m. Chair Sudler and Commissioner Fay D.
White attended the City of Dover’s Council Meeting. Some of the issues discussed were
1. Housing for Sex Offenders and Zoned Areas being viewed as Concentration Camps
2. Request for Extensions on Time Allotted to Cure City Housing Violation Codes
On March 28, 2012, @ approximately 9:24 p.m., the DHRC voted to partner with the
Social Action Commission of Mt. Zion A.M.E. Church, Outreach Ministries and the Dover
Police Department in an effort to discuss implementing strategies and programs for
Residents of Dover to “Stop the Violence and Turn In Unregistered Firearms” to the Dover
Police Department without any repercussions for Offenders and Non – Offenders of the
Law.
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On April 27, 2012, @ 8:00 a.m. – 4:00 p.m., Chair Sudler participated in a free training
seminar on Investigating & Prosecuting Hate Crimes. The training was excellent and very
informative.
The training covered an array of topics such as the need for Non-Governmental
Organizations to be more involved and aware of the statutes and laws involving hate crimes.
[Please review attachment for training outline]
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On May 14, 2012, @ 6:00 p.m. - 6:45 p.m., Chair Sudler was invited by 4th District
Councilman David Anderson to attended a press release meeting that focused on a free drug
prescription card that provides additional healthcare services at a discounted rate for not
only residents of Dover, DE but also, surrounding areas.
[Please review attachment for further information]
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On May 14, 2012, @ 7:30 p.m. – 9:30 p.m., Chair Sudler, and Commissioner Fay D. White
attended the City Council Meeting to witness and congratulate the new and re-elected
council persons for the City of Dover‘s 2012 Council. 31st District House of Representatives
– Daryl Scott was present as well.
On May 15, 2012, @ 6:00 p.m. – 8:30 p.m., @ Dover Downs 4th Floor; Chair Sudler,
attended an award banquet and appreciation gathering for various interfaith and outreach
ministries that have made a significant impact on the lives of homeless people and the less
fortunate in the Dover Community. One of the recipients was Dr. Kim Warfield of the
Dover Human Relations Commission.
On May 19, 2012, @ 12:00 – 4:00 p.m., Chair Sudler, Commissioner Dr. Hackett and
Commissioner Justina Brewington all participated in the “March for Jesus Christ” which
was an excellent well organized event that exemplified diverse religions and people
interacting with each other in peace and harmony; it was an excellent event well-
orchestrated.
On June 18, 2012, @ approximately 8:05 a.m., Chair Sudler received confirmation from
Ken Halton Esq. that he would be more than willing to be a panelist and partner with the
DHRC at our special forum on sexual orientation, race, and other related incidents of hate
crimes.
On June 19, 2012, @ approximately 12:23 p.m., The Commission sent out letters to the
final three candidates for part-time contractual assistant [See Next Page for Example]
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June 1, 2012
Dover Human Relations Commission [(302) 736.7008]
15 North Plaza City Hall
Dover, DE 19904
???????????????? [(302) - ]
309 Julia Way
Smyrna, DE 19977
RE: Part – Time Contractual Assistant - DHRC
Dear ???????????:
Please be advised that your resume for Contractual Assistant for the Dover Human
Relations Commission has been selected as one of the final three applicants approved.
The final three applicants will be required to observe a DHRC meeting and submit their
example of minutes to the Commission.
The commission will review all applicants’ demonstration of minute taking and make a final
selection by July 9, 2012, by 8:00 p.m.
Upon your earliest convenience, please contact the City Clerk’s Office to confirm that you’re
still interested in providing your contractual assistant services.
Thank You
Respectfully,
Roy Sudler, Jr.
DHRC – Chairman 2012
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On June 27, 2012, @ approximately 8:12 p.m., The Commission approved the final draft
for Cessation of Illegal Gang Formation Resolution
DHRC – 2012 PROPOSED RESOLUTION & FUNDING
A. RESOLUTION: CESSATION OF ILLEGAL GANG FORMATION IN
DOVER, DELAWARE
*************************************************************************
Whereas; The City of Dover, the State Capital, strives to be a model for all cities in
Delaware and the United State.
Whereas; The Mayor and City Council have granted Powers and Duties to the Dover
Human Relations Commission, Pursuant to Article II. Sec. 58-31.
Whereas; Article II Sec. 58-31 titles (2), (4) and (5) charges the DHRC with developing
ways to measure and monitor community relations and offer a range of programs and
services that will help Dover residents identify and resolve issues of human relations;
anticipating, preparing for, and relieving community tensions arising from intergroup
conflict.(Code 1981, § 2-16; Ord. of 2-11-2002)
Whereas; The Dover Human Relations Commission through open discussion with
members of the community and the knowledge of local events has found that gun
possession and illegal gang activity is at an all-time high.
Whereas; Illegal gangs are a group of individuals consisting of three or more persons whose
demoralizing influence, common interest, attitude and graffiti signs significantly contribute
to the commission of disruptive behavior and criminal enterprises in the City of Dover.
Whereas; The number of illegal gang organizations in Dover and Kent County has
increased over the last few years, cultivating an environment of psychic imprisonment,
mistrust and fear among citizens of Dover.
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Whereas; Illegal gang culture and activities have played a significant role in student dropout
rates, drug activity and random acts of violence, often leaving innocent bystanders paralyzed
and traumatized for life.
Whereas; Illegal gang graffiti promoting hate, fear and danger has defaced public and
private sector facilities, impeding home and business owner’s rights to market or enjoy their
property, without unwelcomed and unauthorized graffiti signs.
Therefore, Be it Resolved; That the Residents of Dover, Delaware, the Mayor, City
Council, Dover Police Department, Delaware Department of Justice and the Dover Human
Relations Commission have observed with dismay the escalation of gang growth and
development in our communities and will merge resources and efforts to intensify the
pursuit of eliminating illegal gang formation, activities, and communication, including the
display of graffiti signs in Dover, Delaware.
Be it Further Resolved; That we will accomplish this goal and establish a New Community
and Family Involvement Paradigm for Cessation of Illegal Gang Formation by
1. Cleaning up our streets together, showing resistance to illegal
gang formation and unwelcomed graffiti signs through unity and clear
purpose;
2. Increasing individual’s awareness and accountability for reporting known
illegal gang activity and \ or formation in your community.
3. Strengthening parent and family involvement in the childrearing and
educational process
4. Implementing and supporting additional intervention and summer programs;
and
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5. Providing additional funding to the Dover Police Department through grants
and other resources to establish additional police stations in areas
with high volumes of crime to protect Dover residents from being a target of
bias-motivated violence in the City of Dover.
B). Grant Sample:
OJJDP FY 2012 Defending Childhood Resource Center:
Improving the Nation’s Response to Children Exposed
to Violence.
On July 9, 2012 @ approximately 7:30 p.m., Chair Sudler and Commissioner Fay D.
White attended the City of Dover’s Council Meeting. During the meeting, there were a few
presentations discussed which consisted of the following:
1. Presentation - Lutheran Senior Services of Dover, Inc. - Payment in Lieu of Taxes
(PILOT)
2. Legislative, Finance, and Administration Committee Report - June 25, 2012
3. Review and Recommendation - Filling Critical Positions - Library
4. FY 2013 Hiring Freeze and Recruitments and
5. Reduced Rates for All-Electric Homes in December, January, and February
(Committee Recommended That the Proposal to Reduce Electric Rates for All-electric
Homes Be Referred to Staff for Cost Analysis and Review
On July 9, 2012, @ approximately 3:10 p.m., Natalie Way contacted the DHRC in regards
to a presentation about their Mentor & Leadership Program, which she would like the
DHRC to consider partnering with them in the near future.
On July 11, 2012, @ approximately 6:00 p.m. Chair Sudler attended the Joint Legislative,
Finance, and Administration Committee and Election Board Meeting to hear the following
proposals
A. Results of NAACP Review of Proposed Council District Boundaries and
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B. Review of Revised Proposed Reapportionments of Council District Boundaries
On July 21, 2012, @ approximately 5 p.m., Commission members attended the Barbeque
& Bonfire Event for Jesus Christ sponsored by Mt. Zion A.M.E. Church of Dover, DE
[Men’s Day Committee 2012], “The event was outstanding,” said Willie Jones, former
Acting Chair &Vice- Chairman for the DHRC also, in attendance was Senator Brain
Bushweller of Delaware and Daryl Scott of the 31st District House of Representatives
for Delaware.
This event promoted inclusiveness and fellowship among various interfaith agencies and
community leaders. For it was a unique and refreshing event to attend. Also, Mt. Zion’s
Men’s Day Committee gave a special thanks to the City of Dover’s Fire Marshal Division
and DNREC for authorizing the bonfire activity segment of the celebration.
On July 24, 2012, @ approximately 8:30 a.m., Chair Sudler attended a training session on
Title 25 Pursuant to the State of Delaware’s Landlord / Tenant Code. Presented by
the Law Office of Michael P. Morton, PA mmorton@michaelpmorton.com (302) -
426.1313
Some of the issues that were highlighted consist of the following:
1. Landlords Remedies for Filing Civil Suit against Tenants Who Have Filed
Bankruptcy
2. Landlord’s Illegal Ouster of Residents / Tenants from Rental Unit
3. Human Relations Concerns [Race & Handicap Discrimination in Fair Housing
Process]
4. Zero-Tolerance Rules & Regulations for Subsidy Housing [HUD]
5. Manufactured Home Requirements and Specifications for the State of Delaware
6. Landlords Remedies for Residents Behavior Deemed Undesirable & Harmful to
Community and Unit; and
7. Residents Remedies for Landlord’s Failure to Correct Defective Conditions in the
Unit
I asked Mr. Morton [Trainer] if he would be willing to partner with the DHRC and conduct
a workshop on housing issues and common violations; his response was “yes!”
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On August 9, 2012, @ approximately 7:10 p.m. a special meeting titled Community and
Student Involvement in Resolving Racial and Sexual Orientation Hate Crimes in
Communities and Educational Institutions was conducted by the DHRC and went well. For
those individuals who did not have an opportunity to attend, there will be a part two of the
special forum forthcoming in 2013.
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COMMUNITY LEADERS & STUDENTS DISCUSSING NEW
PARADYMS FOR REPORTING AND DECREASING HATE
CRIMES IN DOVER, DELAWARE AND SURROUNDING AREAS
Chair Sudler’s Special Forum Opening Statement:
The Dover Human Relations Commission is an advisory body to the Mayor and
City Council of Dover, Delaware.
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The Commission is empowered to monitor community relations and measure inter-
group conflict. The Commission has a fiduciary duty to be non-bias when seeking
conflict remedies for resolving disputes.
The Commission’s Powers and Duties are granted by the Mayor and City Council
Members pursuant to Chapter 2-Administration, Article 1, Division 6, Section 2-21
of the Dover Code:
Tonight’s Special Forum is called according to
ARTICLE II.
Sec. 58-31.
(1) To promote and develop an environment of fairness and respect
among its citizens; and
(4) To offer a range of programs and services that will help its residents and
neighborhoods prevent and resolve issues of human relations
(Code 1981, § 2-16; Ord. of 2-11-2002)
The focus of this special forum is to raise the awareness and involvement in resolving and
reporting racial and sexual orientation hate crimes in Dover and the State of Delaware. In
addition, to review ethical remedies for dealing with emotional, spiritual, and social
challenges for victims of bias-motivated violence.
The goal of the Dover Human Relations Commission tonight is to help generate new
paradigms and methods for eradicating hate crimes through none-controversial and
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constructive dialogue that stimulates the community, students and law enforcement agencies
to build a closer relationship with one another.
Please be advised that this special forum is not a debate over the concepts and ideas of
same sex marriages or pending cases involving racial tension, but an educational enrichment
forum that highlights how to properly disagree with one’s race or sexual orientation without
offending or violating another person’s human and constitutional rights.
Each presenter will be asked a series of questions by the Chair of the Commission and
after all presentations; the forum will be open to the audience for discussion at that time.
The Ground rules for this forum are as follows;
1). Audience Members will have 3 minutes to voice their concerns during question \
answer period
2). Citizens who contacted the City Clerk’s Office will speak first
3). All questionnaires and written testimonies are to be submitted to the commission
4). Please reframe from side conversations when citizens are speaking
5). No Pending Cases will be discussed
6). Adjournment @ 9:00 p.m.
After the ground rules were read, chair Sudler began with presenter number one, Chief
Prosecutor Kent County, DE Ken Haltom Esq. Department of Justice and asked him
to briefly define the following topics:
1. Hate Crime Prevention Act – Shepard’s Law?
2. Hate Crime Case Study – Shenandoah [Women being torched for being gay]
3. 42 U.S.C. Code 3631 [Threatened to use force because of race, color etc…]
4. In your opinion, what area of communication is most essential for enhancing
the relationship and trust between law enforcement agencies and non-
government organizations
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Chief Prosecutor Kent County, DE Ken Haltom Esq. Department of Justice
Response ® to questionnaire:
R1). Chief Haltom spoke about how Mathew Shepard was tortured for being gay, which
according to Delaware Criminal and Traffic Law Manual Title 11 Code 1304 Section (a) (2)
select a victim because of his/her sexual orientation. This misfortunate incident was the
reason why it’s called Shepard’s Law
R2). Chief Haltom wasn’t to familiar with the case study of Shenandoah, who was also
tortured for being gay, so he elaborated on the need for students in schools and community
members to report hate crime offenders and incidents to the local law enforcement agencies,
and or, city and state officials.
R3). Chief Haltom explained Title 42 U.S.C. Code 3631 as a hate crime covered
under the State of Delaware’s Title 11 Code 1304 Section (a) (2), selection of victim
due to race, which is a hate crime offense. In closing of Chief Haltom’s response to
the questions by the chair, a final question was asked, Chief Haltom, in your opinion,
what area of communication is most essential for enhancing the relationship and
trust between law enforcement agencies and non-government organizations?
R4). Chief Haltom acknowledged that there are different avenues to help promote
better communication and stronger alliance between law enforcement agencies and
the community. He suggested that we work together to break down the barriers that
keep individuals from reporting these hate crimes and he encouraged audience
members to contact him personally if they were not satisfied with how an
investigation was conducted.
Chief Haltom stated that he knows that hate crimes occur more often then what is
being reported and he feels and understands the frustration that a person can
experience, but he believes that forums such as this one would help to promote
dialogue and change. In closing, Chief Haltom shared with the commission that out
of 15 years of practicing law, this forum was the first of its kind, which he feels is a
big change for him, one which he embrace and is eager to be a big part of.
The second presenter Chief Harry Downs Jr. of the Delaware State University Police
Department was asked the following questions:
1. How does DSU’S Police Department investigate hate crimes?
2. Are students briefed about different hate crimes or other related incidents in
freshman orientation?
3. What are some of the consequences and penalties for students who have
been involved in hate crime activity on campus?
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4. In your opinion, how can students and their peers help to eradicate hate
crimes on higher education institutions?
Chief Harry Downs Jr. Delaware State University Police Department
Response ® to questionnaire:
R1). Chief Downs indicated that their police department investigates hate crimes the
same way any other police department. In incidents such as hate crimes and other
related incidents, the student is prosecuted through the university judicial system as
well as DSU – Police Department
R2). Chief Downs stated that although they don’t cover hate crimes in freshmen
orientation they do advocate the need for tolerance and respect among all students
regardless of race, religion, color, sexual orientation, national origin, ancestry or
disability.
R3). Chief Downs indicated that some of the penalties for being convicted for a
hate crime at the university included termination of enrollment at DSU, criminal
charges, and DSU- judicial charges. Chief Downs also, expressed how appreciative
he was to have a great relationship with Dover Police Chief and Delaware State
Police Department.
R4). Chief Downs believes that students can help their peers after being a victim of
a hate crime by encouraging them to seek counseling at DSU Counseling Division or
talk with Student Government Body (SGA) to help raise awareness of what could
happen to other students on campus.
Presenter number four commissioner Vincent A. Petroff, MHR Human Relations Supervisor
Division of Human Relations was asked these series of questions:
1. How often does race or sexual orientation impede upon one’s opportunity to
get fair housing in the State of Delaware?
2. How does the state human relations commission investigate hate crimes in
housing and workplace environment?
3. In your opinion, what strategies or methods could be used to help
community leaders and student government bodies identify and prevent
potential hate crime activities in communities and higher education
institutions
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Vincent A. Petroff, MHR Human Relations Supervisor Division of Human Relations SHRC
Response ® to questionnaire:
R1). Commissioner Petroff, explained the state human relations procedure for
investigating fair housing violations according to title 6 chapter 4601 (a) of the Fair
Housing Codes for the State of Delaware, outlines the policy and jurisdiction of their
commission. Commissioner Petroff stated that between 2010 to 2012, there has
been 24 fair housing violations, 0 – sexual orientation discrimination claims and 6
hate crime housing incidents.
R2). Commissioner Petroff said that in an investigation process for the state human
relations commission, there are certain elements of the crime that must be present to
determine the identity and severity of the housing violation, so in an effort to
prevent potential discrimination in housing they have testers to go out to different
communities to see if the potential landlords are exercising discriminatory practices
on prospect applicants.
For example; if a potential resident decides to look at a neighborhood which they are
interested in renting or buying and a current resident states to them that, they may
have problems if they move into that neighborhood!, then that statement could be
considered an intimidation tactic to deter them from moving in that community.
This would be covered under fair housing law title 6 chapter 4619 Prohibition of
Intimidation
R3). Commissioner Petroff, believes that there should always be a healthy
dialogue and relationship between the police community and neighbors to
help address and pinpoint concerns and issues through forums and
community meetings. Also, he recommended the mediation process to help
reflect all party’s issues in a particular situation as a great strategy to diffuse
hate crime incidents.
Commissioner Petroff, emphasized on students addressing their problems
head on and utilizing Law Enforcement Agencies, the Department of Labor
and or the State Human Relations Commission @ 1-877-54-Human for
additional guidance and support.
That concludes segment 1 of the special forum
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Segment two of the special forum focused on Counselor’s Remedies for Victims of
Race and Sexual Orientation Hate Crimes in Dover, Delaware
Since two out of the three counselors were unavailable to attend this form, Chair Sudler
asked Mr. Ralph Robinson Director of DSU Counseling Division the following questions:
1). How students and community members can positively deal with social and emotional
anguish, after encountering or witnessing a race hate incident
2). What are the first components of identifying when you have an emotional problem,
who and when to contact them?
3). How can students and family members assist a love one or peer after discovering that
they have been a victim of a race hate crime or other related incidents
R1). Mr. Robinson started his response to question number one by first thanking the Dover
Human Relations commission for inviting him to the forum and acknowledged that
sometimes it’s a difficult task to help students deal with emotional and social anguish after
being a victim of a race or sexual orientation hate crime and encourages students to talk to
someone who will listen to the victim without judging or blaming them for the incident.
R2). Mr. Robinson expressed that one of the first components of identifying when you have
an emotional problem is when you find yourself overwhelmed with thoughts of revenge or
constant obsession over the matter, which interferes with your normal daily function
throughout the day. These signs are often followed by physical signs as well, such as
headaches, backaches and stomach pains, which are advance signs of severe emotional
distress. Mr. Robinson pointed out that there are a multitude of mental health agencies
throughout the state of Delaware that can assist students and non-students with dealing with
stress anxiety and depression. He also expressed that students should report incidents to the
DSU – Police Department and or, the Counseling Division, so that they can vent and
receive support with managing their anger in a positive, rational and respectful way, “for it is
okay to be upset, but not okay to behave irrational” said Mr. Robinson
R3). Mr. Robinson reinforced the important of love ones or peers taking the time out to
allow the victim to vent without placing blame on the victim, for they need to know that
you value their thoughts about the situation and are listening intensely to what they have to
say for their emotional well-being.
After the completion of questions being asked and answered by DSU- Director of
Counseling Division, Ralph Robinson, the chair introduced to the audience members and
panel Mr. Gerald Rocha Community Leader, United Way Employee and Emeritus President
of Zeta Rho Lambda Chapter of Alpha Phi Alpha Fraternity Incorporated 1906.
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Mr. Rocha elaborated on the alarming amount of suicides at Polytech High School and the
enormous amount of bullying issues among the Lesbian, Gay, Bisexual and Transgender
Community. Mr. Rocha highlighted how imperative it is to develop a gay and straight
alliance throughout all schools districts to help students understand and identify the various
sexual orientation communities.
He also, asked Chief Prosecutor for Kent County Department of Justice Ken Haltom Esq. if
the lesbian, gay, bisexual and transgender community was protected under title 11 code 1304
(a) (2) of the Delaware State Criminal and Law Traffic Manual, which Chief Haltom said
according to his interpretation of the law, it was covered under the Hate Crime Law. After
Chief Haltom answered Mr. Rocha’s question, then chair Sudler asked Mr. Rocha if there
have been any students who have exhibit characteristics in their personality that could be
viewed as a potential hate crime offender in the future and how does united way address that
issue?
Mr. Rocha expressed that the faculty as well as the kids may have a hard time identifying
hate crime scenarios because of the lack of training they have received in that area, but
united way is currently seeking additional training in the near future to help eradicate bullying
and hate crimes among all students said Mr. Rocha.
After Mr. Rocha’s answer, Chair Sudler introduced to the panel and audience members Mr.
Mark Steven Wright Jr. who is currently enrolled at Delaware State University as a freshman.
Mr. Wright expressed that he was assaulted by an older Caucasian neighbor who was four
years older than he, because his neighbor’s girlfriend commented to him that Mark was a
cute guy to be black / African American. Out of anger, the neighbor assaulted him and until
this day, Mark believes that the initial investigation of the incident should have been dealt
with as a hate crime and not just an offensive touching and assault incident.
Also, Mr. Wright shared with the commission that he witnessed an illegal search by a ____
Police Officer, who allegedly searched his father’s vehicle after being told that he did not
have permission to search his vehicle. After witnessing that situation, he stated that he feels
that law enforcement officials should have harsher penalties for misuse of authority because
the general public trust and depends on law enforcement officers to uphold the law and be a
positive role model for the community to look up to and not mistrust them.
According to Mr. Wright, as a student at DSU he has not personally experienced
characteristics that define or identify hate crime activity, but he stated that he wish there was
counseling sessions that he could have taken advantage of to help him deal with his
frustration and emotions, for he said, “after being a victim of a hate crime at an early age, it
has changed him to the point that he has become more alert and quicker to defend himself
then before the incident occurred”.
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After Hearing from Mr. Wright, Chair Sudler thanked Mr. Wright and the entire panelist for
taking the time out to come and share with the community and commission imperative
knowledge and information that is very relevant to our student government body and our
community today.
Presentations and Comments from Community Members:
At 8:23 p.m. Chair Sudler opened the special forum for discussion between the panelist and
audience members. Chair Sudler called on Mr. Cecil Wilson, who contacted the City Clerk’s
Office to speak on tonight’s topic, but he was not present. Chair Sudler, then asked other
audience members if they were interested in bringing forth any concerns or issues by first
stating your name and address for the record.
1). Bill Washington from 8 Mishoe Street Dover, Delaware 19904, thanked 31st District
House of Representatives Darryl Scott for helping him with a dilemma he had over a year
ago concerning a public works issue in the City of Dover, then he proceeded to brought
forth his concern about young adults loitering during late night into the early morning
throughout the week and weekend.
He believes that the police department should walk through the community sometimes
rather than just ridding bye one’s community. For he feels that, the police officers may be
able to reach out to the youth and assess the needs of that community more effectively if
their presents was more visible on foot then riding by in a police patrol vehicle.
2). Judy Blue of Dover, Delaware asked a question addressed to Mr. Ralph Robinson
Director of DSU Counseling Division, in regards to why the campus faculty and staff
members of DSU were not reporting any negative changes in the environment on campus?
Mr. Robinson’s response indicated that there are faculty members who often call his division
to notify them of disruptive behavior or emotional distress displayed buy students on the
campus. He said, “That sometimes faculty members just takes a student by the hand and
leads them to the counseling division, rather than advising and sending them on there way to
seek counseling”.
3). Fred Robinson of Dover, Delaware asked the panel if anyone knew the percentage of
progress made 10 years ago in comparison to 2012, has it increased or decreased in the
Dover community concerning hate crimes? Chief Prosecutor Ken Haltom responded to the
question by saying, “It’s not a crime that is being reported”, then Mr. Fred Robinson asked
about the hate crime literature that was disseminated on DSU campus and Chief Haltom
indicated that he was unable to discuss that case due to the fact that the case was still under
investigation, therefore, he could not comment on the question and continued to reinforce
the need for citizens to come out and report these hate crimes for he knows it happens more
then what’s being reported!
Mr. Robinson ended his questions by stating that he feels that the relationship between city
officials, community leaders, and community is very poor in comparison to places he has
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been, he believes that the city officials need to be more hands on when it comes to their
constituents. Mr. Robinson asked, how can we make progress when the community and law
enforcement agencies are frustrated with each other?
Mr. Rocha responded to Mr. Robinson’s question by stating that he believes that the reason
why hate crimes are not being reported is because, whenever someone tries to report a crime
as a hate crime, no one wants to deal with the element aspect of the hate crime or its just
intentionally overlooked, he feels that we need to continue to keep having forums such as
this special forum in order to bring everyone to the table especially, law enforcement
agencies in order to orchestrate a positive resolution in the City of Dover.
Commission Hackett asked Chief Haltom, what are the outcomes of the cases that have
been reported in the City of Dover? Chief Haltom expressed that a lot of times the crime
doesn’t have all of the elements in the case to consider it a hate crime. Also, they do
additional research in their investigation such as looking at Facebook or twitter to determine
if there are elements to help define that crime as a hate crime.
Mr. Rocha asked Chief Haltom if they did find something on Facebook or twitter, if that
would be a felony or misdemeanor. Chief Haltom responded a misdemeanor!
Commissioner Edamatsu asked Chief Haltom, if you have issues such as police bullying
during traffic violations is that a hate crime? Chief Haltom response was No! but if a police
officer has in his computer data base that a person’s license has been suspended, then they
are supposed to arrest that individual and take them to jail. For he knows that sometimes
Delaware Motor Vehicle Department may not have changed the information or drop the
suspended license notice within a certain time period, which could lead to an arrest, but the
Department of Justice is aware of those problems and is sensitive to that situation.
Commissioner White expressed that she knows that the Delaware Criminal Codes are often
changed on a monthly or annual basis and what she wants to know is, how often is the
public made aware of these changes and how are they being notified? Chief Haltom
response was these changes are often posted on line for the public’s review.
Representative Darryl Scott commented on the fact that there are representatives that
monitor the process of passing the law and sometimes may not do as an effective job
communicating that to the public, but that is something that they are currently trying to
improve.
Commissioner White expressed that DSU is in the Dover community and she feels that
constituents of Dover should be allowed to speak and express any and all concerns that they
may have in regards to their safety and their love one’s safety.
Commissioner Warfeild asked Chief Haltom, How quickly are they changing the Delaware
Criminal Codes once they have been passed?
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Chief Haltom stated that the law is in effect upon the governor signing of the law. He feels
that a good way to monitor that process is through your local representatives and special
forums such as this one, where you learn more about upcoming changes and understand
how to follow these changes through the General Assembly Web-Site.
Mr. Robinson was called back to the podium to express that for the record, he is not hear to
be controversial but to be a part of a positive change and dialogue that is much needed in
the City of Dover.
Commissioner Hackett stated that she would like to see a better and closer relationship
between the public and the police officers, because some people don’t get there mail all the
time and are unaware that they are in noncompliance of the Delaware Motor Vehicle Code.
Chief Haltom reinforced to Commissioner Hackett that they are aware of that and often try
to work with them as much as legally possible.
31st District Representative Darryl Scott asked DSU – Police Chief Harry Downs Jr. how
they investigate similar offenses? Chief Downs indicated that they deal with cases on an
individual basis, and if someone feels as though they have been treated unfairly, then
strongly recommends that they seek additional help from a higher level of command.
Chief Downs also expressed that he agrees with Chief Haltom that the public needs to help
report and resolve hate crimes in their community, because usually, the public has more
information about the incident then the police department has, for recommends that the
community work closer with the police in quest of strengthening our community, reporting
and eradicating not just hate crimes, but all forms of crime in one’s community.
Commissioner Dawn Allen-Pyne expressed that the Police Department needs to reach out
to the community and let them know what kind of steps have been taken to strengthen their
relationship and trust factor between both parties.
Commissioner Hackett stated that we need to make sure that all communities are given the
same respect and policed the same way or it could be perceived as discrimination based on
neglect.
Commissioner Edamatsu feels that we all have to do a better job in understanding,
communicating and working together to make our Dover community a better place for
people to reside.
Chair Sudler asked the panel if there has been any talk about requiring hate crime offenders
to register like sex offenders with the police department, so that community members would
be made aware of individuals who are members of hate crime organizations in their
community.
The response from Chief Haltom was no!
28
Page 65
In closing of the forum, Chair Sudler thanked the Department of Justice for the State of
Delaware, the State Human Relations Commission, Delaware State University’s Police
Department, Delaware State University’s Counseling Division, Students and Community
Leaders for participating in tonight’s special forum and encouraged them to come back for
part two of the forum, which is forthcoming in 2013.
On September 27, 2012, @ approximately 7:00 p.m. The Commission conducted an
Outreach Meeting under the leadership of Community Program’s Chair and Vice-Chair of
the DHRC, Dawn Allen Pyne and also Fay D. White who helped secure and coordinate the
outreach meeting.
On September 27, 2012, @ approximately 9:30 p.m. Chair Sudler was contacted by Vice-
Chair Dawn Allen Pyne and complaintee Mr. Henry Fordham, in regards to the events that
led up to an attempted murder and castration by hanging at Silver-lake Recreational Park
located in Dover, Delaware.
On September 28, 2012, Chair Sudler scheduled a Roundtable Meeting for October 5,
2012, with Henry Fordham, State Human Relations Commission, Mayor, City Council
President, 4th District Councilmen, 31st District House of Representative the Department of
Justice and Dover Human Relations Commission to hear the events that allegedly took place
on September 21, 2012. [Please see roundtable agenda and city solicitor’s opinion]
29
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DOVER HUMAN RELATIONS COMMISSION
ROUNDTABLE MEETING
OCTOBER 5, 2012
CITY HALL CONFERENCE ROOM
*************************************************************************
Agenda
1. Call to Order
2. Prayer
3. Purpose of Roundtable
4. Goal of Roundtable
5. Introduction of Officials
6. Summary of Resident’s Statement to DHRC
7. Mr. Henry Fordham’s Testimony
8. Review of Alleged Criminal Elements
9. Roundtable Discussion
10. Adjournment
________________________________________________________________________
3. Purpose of Roundtable:
The purpose of the Dover Human Relations Commission’s Roundtable is to establish an
environment conducive for residents and community leaders to report sever acts of
undesirable behavior and customer service that may place extreme emotional distress on
residents of Dover, without fear of retaliatory acts exercised upon them.
4. Goal of Roundtable:
The goal of the roundtable is to provide residents and community leaders with an
opportunity to voice their emergency concerns to city, state or federal officials in an effort to
help eradicate distress and tension between two or more opposing parties. We will meet this
goal by providing resources and information that will contribute to decreasing racial tension
and emotional distress after being a victim of bias-motivated acts of violence. In addition, to
simply advocate a higher quality of living and communication between the City of Dover
officials and all constituents of Dover, Delaware.
30
Page 67
5. Introduction of Officials:
6. Resident’s Statement:
On September 27, 2012, @ 9:17 p.m., Mr. Henry Fordham reported to the Dover
Human Relations Commission’s Chair [Roy Sudler, Jr.] that on September 21, 2012, he
was approached by two Caucasian males who befriended him earlier that day through a
general conversation about the origin and practices of Muslim Religion. Later on that
evening, Mr. Fordham met with the two Caucasian males to continue their conversation.
After getting into the vehicle of the two Caucasian males, he then was held gun-point and
taken to Silver Lake Recreational Park located in Dover, Delaware. During the time he was
unlawfully held captive against his will; Mr. Fordham experienced derogatory racial slurs,
being pistol-whipped, hung and attempted murder and castration and survived.
Mr. Fordham stated that, “He tried to report the incident to various law enforcement
agencies and was denied the opportunity to make an official hate crime complaint”. In
addition, according to Mr. Fordham, he was advised by more than one law enforcement
agencies, that he would be arrested for false report if he continued to pursue filing an
incident report of this nature”.
The Dover Human Relations Commission has been requested by Mr. Fordham to be a
catalyst \ mediator in the process of helping him to file an official complaint with the proper
law enforcement agency without fear of retaliatory acts or undue distress sanctioned upon
him.
Mr. Fordham, brought forth his concern to the Dover Human Relations Commission in an
effort to make sure that his human and civil rights were not being violated and to simply give
testimony as to the events that led up to his abduction on September 21, 2012.
31
Page 68
8. Alleged Elements in Mr. Henry Fordham’s Claim
Pursuant to Delaware’s Criminal &
Traffic Manual
************************************************************************************
Title 11 Sections:
513. Conspiracy in the first degree; class E felony.
604. Reckless endangerment in the first degree; class E felony.
782. Unlawful imprisonment in the first degree; class G felony.
783A. (4) Kidnapping in the first degree; class B felony.
1244. (a) - (4) Hindering prosecution; class A misdemeanor.
1245. Falsely reporting an incident; class A misdemeanor.
1301. (1) (a) Disorderly conduct; unclassified misdemeanor.
1304. (a) (1-2) Hate Crimes; class G felony.
1447. Possession of a deadly weapon during commission of a felony; class B felony.
Recommendation from Chair of DHRC as of 9/27/2012 to Mr. Henry Fordham:
1. Seek counseling immediately for emotional distress and thoughts of irrational
retaliatory behavior
2. Speak with designated District City Council Representative
3. Document the events that took place in sequence as quickly as possible
4. Roundtable / Testimony
On November 5, 2012, the Commission received a complaint from Mr. Eshed Alston, in
reference to the Chair of DHRC not doing enough to address the concerns of the
community in regards to the alleged Dover lynching claim and other issues concerning
minorities
[Please see complaint document]
32
Page 70
On November 16, 2012, Chair Sudler attended a roundtable discussion with 4th District
Candidate Bernhard A. Greenfield in reference to constituent’s concerns and issues at
Mishoe Towers, Inc. located in Dover, Delaware
On November 17, 2012, Chair Sudler attended a roundtable discussion in regards to
the 4th District Candidate Rev. Wallace Dixon position concerning constituent’s concerns
and issues for the 4th District at Mishoe Towers, Inc. located in Dover, Delaware
On November 26, 2012 @ 10:55 a.m., Chair Sudler received an E-mail from Councilmen
David Anderson of the 4th District, which reference his opinion about the status of Mr.
Henry Fordham’s claim. [Please see E-mail]
FW: Dover Human Relations Commission - Intake Form and Meeting to Discuss
Sent By: Traci McDowellOn:Oct 10/03/12 8:32 AM
To: roysudlerjr@comcast.net
Cc: "Thomas J. Leary" <councilmanleary@comcast.net>; "Carey Sr.,
Carleton" <ccarey@dover.de.us>; "Bill Hare"
<billh2323@comcast.net>; "David Anderson"
<davidlevianderson@gmail.com>; "James Hosfelt"
<james.hosfelt@cj.state.de.us>; "Kim Warfield
(apostlekim1@verizon.net)" <apostlekim1@verizon.net>; "City
Clerks Office" <CityClerk@dover.de.us>; Hollie Ford
Chairman Mr. Sudler:
Please see City Solicitor Rodriguez' opinion below regarding the Roundtable discussion.
In light of the opinion, Mr. Leary has advised that the scheduling of this meeting should
not proceed.
City Solicitor Rodriguez has suggested that the complainant be directed to speak with
the State Human Relations Commission or the Attorney General's Office.
Please feel free to contact me if you have any questions or concerns.
Thank you,
Traci A. McDowell, CMC
City Clerk Oct 2012 – Strange Fruit of Delaware: 2012 Lynchings
34
Page 71
-----Original Message-----
From: Nick Rodriguez [mailto:nrodriguez@schmittrod.com]
Sent: Tuesday, October 02, 2012 5:28 PM
To: Stein, Jody
Cc: William Pepper
Subject: Re: Dover Human Relations Commission - Intake Form and Meeting to Discuss
Jody, We recommend that the City and DHRC stay out of this matter completely. This is
a criminal accusation and may result in criminal charges. Secondly the City could be
sued for inadequate security in a civil lawsuit. Further would be criminal concerns of
false complaints. This is our recommendation based upon the very limited information
that has been submitted to us at the present time. Nick Rodriguez On Oct 2, 2012, at
1:55 PM, Stein, Jody wrote:
Sent By: davidlevianderson@gmail.comOn:Nov 11/26/12 10:55 AM
To: "Tom Leary" <tlau72@yahoo.com>; "Sean Lynn"
<slynn@delawarelaw.com>; "Kim Warfield"
<apostlekim1@verizon.net>; "Roy Sudler"
<roysudlerjr@comcast.net>; "Roxie Smiley-"
<rs82067@gmail.com>; "Gregory Gordon"
<revgegordon@yahoo.com>; "Jeannie Anderson"
<jeannielynna@msn.com>; ccarey@dover.de.us; Traci McDowell
http://waronthehorizon.com/site/?p=3836 [Review Website]
No wonder, the one gentleman was concerned. Dr. Issa is traveling in radical
company. Combine this with private conversations in which he accused me of
selling out to the white power establishment for saying a suicide is sometimes
just a suicide. I am seeing a picture that I think is dangerous.
It was a huge mistake to prevent the Human Relations commission roundtable
with the families. Intentions were pure, but it was the outcome most needed by
the radicals who are exploiting then exaggerating legitimate concerns.
We do need to think about addressing this insidious issue without fueling it.
Sent from my HTC One™ S on T-Mobile. America’s First Nationwide 4G
Network.
35
Page 72
The December 2012 meeting was cancelled
In conclusion of the year 2012, the Dover Human Relations Commission has received a
total of three intake forms, which the intake form according to City Solicitor Nick Rodriguez
and the City of Dover’s Clerk Office are not the purview of the DHRC. Therefore, the
Commission was instructed to refer these Intake Forms to other agencies for investigation:
DHRC - INTAKE FORM TOPICS:
1. 3/5 Index Cards that were disseminated on the streets of Down - Town Dover and
Delaware State University’s Campus, which displayed an image of a person of color
hanging by a rope tied to his or her’s neck from a tree with a racial slur statement
saying,
“Cleaning Up New Street One Nigger at a Time” [January 2012]
2. Alleged Police Brutality Complaint against the Dover Police Department
involving a shooting / homicide that took place on New Street of Dover, Delaware
and one of the investigating officers allegedly exercised unnecessary force by
punching a citizen of Dover in the face repeatedly during the process of investigating
a shooting that was called in by the alleged victim and his mother who witnessed the
crime and the shooter and ended up being arrested themselves”. The witness to the
alleged police brutality assault feared for his or her’s safety and chose not to report
the incident to Industrial Affairs of Dover Police Department and decided to report
the incident to the Dover Human Relations Commission out of concern for
retaliatory actions by officers of the Dover Police Department, who allegedly
committed this violent offense against a citizen of Dover. [January 2012]
3. Silver-Lake Recreational Park in Dover, DE [ Alleged Lynching Report]
On September 27, 2012, @ 9:17 p.m., Mr. Henry Fordham reported to the Dover
Human Relations Commission’s Chair [Roy Sudler, Jr.] that on September 21, 2012,
he was approached by two Caucasian males who befriended him earlier that day through
36
Page 73
a general conversation about the origin and practices of Muslim Religion. Later on that
evening, Mr. Fordham met with the two Caucasian males to continue their conversation.
After getting into the vehicle of the two Caucasian males, he then was held gun-point
and taken to Silver Lake Recreational Park located in Dover, Delaware. During the time
he was unlawfully held captive against his will; Mr. Fordham experienced derogatory
racial slurs, being pistol-whipped, hung and attempted murder and castration and
survived. Mr. Fordham stated that, “He tried to report the incident to various law
enforcement agencies and was denied the opportunity to make an official hate crime
complaint”. In addition, according to Mr. Fordham, he was advised by more than one
law enforcement agencies, that he would be arrested for false report if he continued to
pursue filing an incident report of this nature”. The Dover Human Relations
Commission has been requested by Mr. Fordham to be a catalyst \ mediator in the
process of helping him to file an official complaint with the proper law enforcement
agency without fear of retaliatory acts or undue distress sanctioned upon him.
Mr. Fordham, brought forth his concern to the Dover Human Relations Commission in
an effort to make sure that his human and civil rights were not being violated and to
simply give testimony as to the events that led up to his abduction on
September 21, 2012.
DHRC - CONCERNS:
The Dover Human Relations Commission is very concerned about the amount of
intake forms that indicate racial tension in the City of Dover being deferred out to other
agencies for investigation. Pursuant to Chapter 2 – Administrative, Article I,
Division 6, Section 2 – 21 and Article II Section 58 – 31 Titled Human Relations
Commission’s Purpose; the Commission has been granted the Powers and Duties to
investigate claims of unfair treatment and develop ways to monitor intergroup
conflict among all segments of the City of Dover. The ambiguity of our purpose and
constant deferrals of intake complaint forms followed by constant ostracism from
constituents of Dover regarding the Commission’s lack of investigating official intake
complaint forms have unfortunately, contributed significantly to the resignation of
current and previous commission members, especially after hearing the nature and
37
Page 74
urgency of resident’s concerns and not being able to investigate the merit of the
complaint.
DHRC - CHAIR’S RECOMMENDATION:
In an effort to avoid further resignations of current and future Commission Members, it is
my recommendation, as Chairman of the Dover Human Relations Commission, that the
Mayor and City Council of Dover, Delaware, conduct a special meeting with the Dover
Human Relations Commission to interpret Chapter 2 – Administrative, Article I,
Division 6, Section 2 – 21 of the Dover Code and Article II. Human Relations
Commission, Sec. 58-31. Purpose: to mitigate or eradicate current and future
Commission Member’s concerns and feelings of not fulfilling their duties as
Commissioners who advocate Human and Civil Rights for all segments of Dover,
Delaware.
As the year 2013 approaches, the Dover Human Relations Commission looks forward to
continuing to help eradicate racial tension, unfair-treatment, and intergroup conflict,
while advocating the philosophy of inclusiveness among all segments of Dover, Delaware.
On behalf of the Dover Human Relations Commission, we thank the Mayor and Dover City
Council Members for appointing each and every one of us to serve the Dover Community in
such an imperative and essential way.
Dated: _____________________
Submitted By: _____________________________________________________
Mr. Roy Sudler, Jr. – Chairman Dover Human Relations Commission
38
Page 75
Carvel Building Wilmington: (302) 577-5050
820 N. French Street Dover: (302) 739-4567
Wilmington, Delaware Georgetown: (302) 856-5331
:State of Delaware
Human Relations Commission
MEETING AGENDA
"Community Harmony"
-TUESDAY~ MAY 15, 2001
/,
U. OF D. PARADEE BLDG,
DOVER, DE
I. Open Prayer/Silent Meditation
IL Introduction
III. Purpose of Meeting
• Begin a dialog and develop objectives
to restore and rebuild our community
together with all of you and the citizens
of Dover
IV. Highlights of May 1st Meeting
v. Strategies and Objectives
VI. Plan of Action
• Steps and Timeframes
VII. Closing
• Follow-up Meetings
Page 76
DOVER COMMUNITY MEETING MINUTES
The Delaware Human Relations Commission held a meeting on June 6, 2001 at the University of
Delaware, Paradee Building, Route 113 and Bay Road, Dover, Delaware. The meeting was
called to order by the Director of the Division of Human Relations, Juana Fuentes-Bowles.
Commissioner David Hill was unable to attend the meeting due to illness.
Those present: Director of the Division of Human Relations, Juana Fuentes-Bowles, Mayor
James Hutchinson, Lt. Keith O'Connell, Roy Sudler, Jr. Evangelist Shirley Caldwell, Pastor
Richard Avant, Bishop Marion Lott, Pastor William Fitzhugh, Councilpersons, John Pitts and
Gene Ruane, Elder W.R. Dixon, Elder Paul Caldwell, Bridget Avant and Ray (FAMBCF).
The meeting opened with an introduction of the people present. The meeting was a continuation
from the last meeting (May 15, 2001) on the development of strategies and objectives to restore
and rebuild the Dover Community. The highlights of the May 15 meeting were discussed. The
issues were prioritized as follows:
Issues
(1) Concern of Citizens
(2) How citizens are viewed by local officials
(3) How citizens view the Police Department
(4) Isolation
(5) Dover Police Department (Recruitment, promotions, retention, new hires, etc.)
(6) Role of the Capital School District
(7) Media
Discussion took place on different strategies and objectives that can be placed under some of the
issues. Those Strategies and objectives were as follows:
Strategies and Objectives
• How to get citizens involved (i.e. clergy)
• Neighborhood watch program
• Talk with citizens
• Identify communities
• Identify representation from those communities
• Communication
• Meetings being conducted (i.e. neighborhoods)
• Council to hold district meetings
• Hold community meetings
·• Mobilization of a Task Force
• Develop a Citizen Concern Board
Page 77
• Information meetings held by identified entities
• Establish community organizations
• Hold Block Parties
• Citizen Police Academy
• Opportunities
• Partner with Groups
• Develop Diversity Programs
• Develop Civic Associations
• Invite community to a roundtable
All members present were asked to look at some of the strategies that were identified and place
them under an issue that was identified, and to develop other strategies for the identified issues.
Discussion took place in identifying communities within Dover that are not organized. Some
that were mentioned are: Capital Green, Manchester Square, Liberty Court, Whatcoat, Simmon
Circle and Schoolview.
Roy Mishoe Sudler introduced information entitled "Meeting Agenda for the NAACP reference
to the State of Delaware, Division of Human Relations Commission" to the group. It was
decided by the group to review the infonµation for discussion at the next meeting. (Attached)
The group agreed to invite Diane Mitchum, U.S. Department of Justice at the next meeting.
The meeting was adjourned at 8:10 p.m .. The next meeting is scheduled for June 19 at 6:30 p.m.
Page 78
Dover Community Meeting Minutes
Page Two
Involvement from the Clergy:
Participation from all clergy.
The group felt that a plan of action should be developed before the end of the 2001
school year.
From those Highlights of the May 1, 2001 meeting, seven issues were developed:
(1) Isolation
(2) How citizens are viewed by local officials; i.e. stereotyping, race profiling,
labeling.
(3) Media
(4) Dover Police Department
Recruitment, Promotion, Retention of minority group members
(5) How citizens view police, i.e. stereotyping, fear, advocacy role.
(6) Capitol School District role
Recruitment of minority teachers and administrators, school board issues.
Ratio of minority students vs. minority teachers and administration
(7) The anger of citizens
Several strategies were discussed; citizen police academy, opportunities, hold council meetings
in council members districts, partner with groups, proactive approaches, develop diversity
programs, community league, community review boards, civic association involvement, partner
with multi-housing units and their managers, invite the community to the roundtable.
The group agreed with the issues discussed and a ranking should take place to address immediate
issues first and respectively followed. They further discussed inviting other members to the
table. The group felt that once the issues have been identified and agreed upon, strategies and
objectives should be developed for implementation.
All members present were asked to prioritize the issues and be prepared to talk about strategies
and objectives for each issue by next meeting.
The meeting was adjourned at 8:45 p.m.. The next meeting is scheduled for June 6, 2001 at 6:30
p.m. at University of Delaware, Paradee Building, Route 113 and Bay Road, Dover, Delaware.
Page 79
MEETING AGENDA FOR THE NAACP IN
REFERENCE TO THE STATE OF
DELAWARE DIVISION HUMAN RELATIONS
COMMISSION
WEDNESDAY, JUNE 6, 2001
LOCATION: U. OF D. PARADEE BLDG. DOVER DELAWARE
OFFICIAL QUESTIONS SUBMITTED TO THE HUMAN
RELATIONS COMMISSION & DISTINGUISHING COLLEAGUE'S
FROM THE NAACP.
PURPOSE:
TO PROJECT A REALISTIC TIME FRAME WHICH INDICATES WHEN
EACH OF THESE ISSUES BEING PRIORITIZED WILL BE OPEN TO THE
COMMUNITY FOR IMPUTE.
QUESTION #{JI
WHEN WILL WE ESTABLISH A FORUM THAT IS OPEN TO THE PUBLIC
IN REFERENCE TO STRATEGIES BEING IMPLEMENTED &
PRIORITIZED?
{ANSWER}
Page 80
Carvel Building Wilmington: (302) 577-5050
820 N. French Street Dover: (302) 739-4567
Wilmington, Delaware Georgetown: (302) 856-5331
State of Delaware
Human Relations Commission
June 12, 2001
Mr. Roy Sudler, Jr.
NAACP
130 Brandywine Drive
Meadows
Dover, DE 19904
Dear Mr. Sudler, Jr.:
Enclosed please find the minutes from the June 6, 2001 meeting.
Please review and be prepared to discuss strategies and objectives for each of the
issues that were developed by the group.
Our next meeting is scheduled for Thursday, June 19, 2001 at 6:30 P.M., at
DelDot, Rt. #113 & Bay Road, Dover, DE 19901. The meeting will be held in the New
Castle Conference Room.
If you have any questions, feel free to call me at 739-4567.
Sincerely,
~/-'{~_.j,,_.,,.f,U -~(Jp
Juana Fuentes-Bowles, Director
Division of Human Relations
JFB:sp
Xe: Harriet Smith Windsor, Secretary of State
Al Carter, Deputy Principal Assistant
David Hill, Commissioner
Calvin Christopher, Commission Chairperson
Page 81
DOVER COMMUNITY MEETING MINUTES
The Delaware Human Relations Commission held a meeting on May 15, 2001 at the University
of Delaware ParadeeJ3uilding, Route 113 and Bay Road, Dover, Delaware. The meeting was
called to order by Commissioner David W. Hill at 6:45 p.m.
Those present were: Commissioner David Hill, Director of the Human Relations Office, Juana
Fuentes-Bowles, Councilpersons, Carleton Carey, Sr., William McGlumphy, John Pitts, Robert
Ritter, Eugene Ruane, Stephen Speed, William Truitt, Charles Weller, President of Kent County
NAACP, Cecil Wilson, Bishop Marion Lott, Mayor James Hutchinson, Chief of Police
designees, Lt. Keith O'Connell and Capt. Ray Taraill, NAACP Community Activist, Travis
Mishoe Sudler and NAACP Chair of Labor, Ray Sudler, Jr.
The purpose of the meeting was to begin a dialogue and develop objectives to restore and rebuild
the community together with all citizens of Dover. Highlights of the May 1st meeting was
discussed. Those highlights were as follows:
Partnership:
Partnering with other entities to establish a working relationship (Delaware State Housing
Authority, community leaders, Government Officials, Attorney General Office, U.S.
Department of Justice, HUD, Delaware State Housing Authority, Wesley College,
Delaware Technical and Community College, Civic Organizations and Law
Enforcement).
Media Issues:
How they can approach the Media. How the media portrays races and cultures. How
media self-evaluates news.
Education/Community Outreach:
Feedback from citizens -Develop ways to dialogue with community leaders; ways to
market the City of Dover, holding public meetings and how to be proactive vs. reactive
approaches.
Citizen Police Academv:
How the academy functions. How it can be a resource to the community.
Page 82
QUESTION #(21
WHAT IS THE LONG RANGE GOAL OF THE HUMAN RELATIONS
COMMISSION??????????????????
{ANSWER}
OFFICIAL NOTATION:
PLEASE BE ADVISED THAT THE {NAACP} WOULD LIKE TO WORK
CONCLUSIVELY WITH THE COMMUNITY AND NOT A SEGMENT OF HIGHER
OFFICIALS.
AS OF JULY 6, 2001 THE NAACP WILL NOT COMMIT TO ANY 1YPE OF
PAR1NERSHIP WITH VARIOUS ORGANIZATIONS.
ALSO,
ANY ATTEPT TO DISCUSS THE REGINALD HANNA CASE WILL CAUSE THE
NAACP TO REMOVE THEMSELVES FROM THE PANEL.
ON BEHALF OF THE NAACP:
ROY MISHOE SUDLER ALONG WITH TRAVIS MISHOE SUDLER
WILL REPRESENT THE NAACP TODAY UULY 6, 2001]
Page 83
DHRC 2012
Chairman's Report
Submitted by: Roy Sudler, Jr.
April 5, 2012
Submitted to: Legislative, Finance & Administration Committee
*******************************************************************************
As an update to Chair Sudler's Self-Review and Recommendations for how the DHRC could
operate more effectively within the purview of its mission statement, the Commission has moved
forward towards implementing three out of the eight recommendations accepted and approved by
the Legislative, Finance & Andministration Committee.
R-(1). That an in-depth discussion be held with city Council and the DHRC to clarify the intended
goals and expectations of the Commission, as described in (Code 1981, & 2-20;
Ord. of 2-11-2002).
On January 26, 2012,@ approximately 3:30 p.m. Council President Tom Leary and I met to
discuss a possible date and time for the DHRC and City Council to sit down together and review the
purpose, functions, and responsibilities of the DHRC in accordance with the Powers and Duties
Granted by the Mayor and City Council for clearer detailed guidelines.
The meeting went well and I am looking forward to establishing a healthier relationship between the
Mayor, City Council and the Dover Human Relations Commission.
R-(4). That the DHRC foster more collaborative relationships /Partnerships with other
appropriate groups / organizations in working to accomplish the Commission's objectives (i.e.,
faith-based groups, YMCA, Dover Police, NAACP, etc).
On March 12, 2012,@ approximately 4:03 p.m., I visited Delaware State University's Counseling
and Public Safety Division to see if they would be willing to partner with the City of Dover's DPD
& DHRC to discuss the value of Community and Student Involvement when helping Law
Enforcement Agencies in Resolving Race Hate Crimes and Other Related Incidents.
On March 28, 2012,@ approximately 9:24 p.m., the DHRC voted to partner with the So,cial
Action Commission of Mt. Zion A.M.E. Church, Outreach Ministries and the Dover Police
Department in an effort to discuss implementing strategies and programs for Residents of Dover to
"Stop the Violence and Turn In Unregistered Firearms" to the Dover Police Department without
any repercussions for Offenders and Non - Offenders of the Law.
R-(6). That the City Solicitor conducts a workshop for DHRC Member's, on "How to Interpret the
DHRC Powers, Duties and City Codes Granted by the Mayor & City CowlCil".
Page 84
DHRC 2012
Chairman's Report
Submitted by: Roy Sudler, Jr.
Mr. Rodriguez [City Solicitor] April 12, 2012
City of Dover
RE: DHRC - Workshop on Powers & Fiduciary Duties
On January 25, 2012,@ approximately 7:47 p.m. the DHRC voted to obtain a better
understanding as to why the Intake Form submitted by Dr. Joe Burden Jr. concerning the 3/5 Racial
Slur Index Cards were removed from February's Agenda 2012. In an effort to help the DHRC
stay within its purview with clearer operational procedures, the Commission would like to conduct a
workshop under your leadership on the Powers and Duties of the Commission granted by the
Mayor and City Council of Dover, Delaware.
Below are two sections that the commission would like for you to discuss first upon your earliest
convenience. We thank you in advance for assisting us and we look forward to working closer with
You, Mayor, and City Council of Dover, Delaware.
ARTICLE II. HUMAN RELATIONS COMMISSION
Sec. 58-31. Purpose.
(2) Monitoring. Develop ways to measure and monitor community relations,
particularly those that are sources of intergroup conflict;
Sec. 58-33. Organization; quorum; meetings; rules of procedure; limitation of
functions; agreements; compensation; legal counsel; reports.
(e) Functions limited. The commission shall not involve itself in activities or functions already
assigned by law or decree to other governmental bodies
At this time, that will conclude Chair Sudler's Update Report on Recommendations Implemented
and Approved by the Legislative, Administrative & Finance Committee.
Page 85
DOVER IIDMAN RELATIONS COMMISSION - 2011
Chairman's Review and Recommendations
Submitted by: Roy Sudler, Jr.
1/6/2012
*****************************************1tlll++***************************************
As a summary and follow up to the DHRC - 2011 Annual Report which was submitted December
21, 2011, the following self-review and recommendations are being offered for consideration as to
how the DHRC could operate more effectively within the purview of its mission. Stated in the
City's code, Article II, Sec. 58-31, the DHRC was established to effectively help the City meet the
following needs:
(1) The need for an environment of fairness and respect among its citizens;
(2) The need for ways to effectively measure and monitor community relations, particularly
those that are sources of intergroup conflict;
(3) The need for all segments of the community to understand and appreciate positive
intergroup relations;
(4) The need for programs and services to help prevent and resolve community issues and
improve human relations; and
(5) The need for developing ways of anticipating, preparing for, and relieving community
tensions arising from intergroup conflict.
Recognizing that the above needs have been long-term and deep-rooted, the DHRC realizes that
there are no "ready-made, quick fixes," and solutions cannot be accomplished by the DHRC alone.
The key words in our stated purpose are "to help the City." With that thought in mind, I offer th.e
following observations and recommendations.
Summaty;
The Commission has hosted special meetings and forums during the year in response to complaints
and disruptive incidences within the Dover community. These meetings were conducted in an
open and non-threatening manner, with the intention of objectively reviewing the circumstances and
handling of various situations. The Commission has often asked questions and sought information
from the Dover Police Department and others in an effort to determine whether the handling of
situations appeared to treat everyone fairly, and in a manner which helped to create an environment
of fairness, dignity and respect. The Commission has also collaborated with other community
agencies, organizations, City and State officials in seeking ways of addressing identified needs and
concerns regarding human relations and relieving tensions arising from intergroup conflict within
the City. An example of this was displayed when the DHRC was effectively used as a mediator in
Page 86
resolving an alleged unfair treatment claim against the City's Housing Code Enforcement Division.
The Commission was able to reflect the individual's concerns while conveying to him how
important it was for him to be in compliance with the codes. Today, both parties are working
together in an effort to permanently resolve this matter.
RecQmmendations:
(1) That an in-depth discussion be held with City Council and the DHRC to clarify the intended
goals and expectations of the Commission, as described in (Code 1981, & 2-20; Ord. of 2-
11-2002). This should insure that each group has the same understanding of the purpose,
functions, responsibilities, and expectations of the Commission. As Councilwoman, Sophia
Russell stated, "the Dov-er Human Relations Commission would function more effectively
through clearer detailed guidelines and procedures for the Commission."
(2) That the DHRC work with the Mayor's Office in developing detailed written guidelines and
operational procedures for exercising and accomplishing the Commission's seven (1) Powers
and Duties, as delineated in Sec. 58-36. Perhaps this should include definitions,
explanations, clarifications of "functions limited," ways to detennine when/what they are,
and even protocol for soliciting/receiving other funds.
(3) That a youth commissioner be added to the Commission. This would help to expand the
Commission's inclusion of representation from the entire community. It could also help
with developing ways to measure and monitor community relations.
(4) That the DHRC foster more collaborative relationships/partnerships with other appropriate
groups/ organizations in working to accomplish the Commission's objectives (i.e., faith.-
based groups, YMCA, Dover Police, NAACP, etc).
(5) That the DHRC be granted authorization to receive training for investigating and
monitoring claims of unfair treatment, exclusion, and racial tension in accordance with its
purpose, responsibilities, and functions. Other suggested trainings would include the
Mediation Process by the Center of Community Justice in an effort to help diffuse/ eradicate
conflicts.
(6) That the City Solicitor conducts a workshop for DHRC members On "How to Interpret
the DHRC Powers, Duties, and City Codes." This should help commission members to
function more effectively within the guidelines of the DHRC's purpose.
(1) That the DHRC and City Council work together to develop and approve a Long-range
Strategic Plan and Annual Operational Plan for the DHRC. This would greatly enhance the
Commission's and City's ability to monitor, measure, and evaluate effectiveness of the City
and the Commission in meeting its five (5) stated needs.
(8) That professional training be provided for the DHRC in "How to Develop a Strategic Plan."
Page 87
1 [gJ Being a Prepared Tenant in Delaware
Presented by the Law Office of
Michael P. Morton, PA
mmQOQO@miohaelpmorton.com
302-426-1313
2 ro I The Landlord Tenant Code
• The operative code under which all Delaware residential landlord tenant relationships
operate is found In the Delaware Code in Tltle 25, Property, Residential Landlord
Tenant Code.
• 25 Del. Code. §5101-§5718
• http://deloode.delaware.gov/
- Click on Title 25· F'roperty go to 5101
3 Lg) Manufactured Home Owiers and Commuiity owners Act
• This code regul~es all rentals of lots for the placement of manufactured homes in Delaware,
• The Manufactured Home Communitias act DOES NOT govern th• rental of manufacture home$, only
the rental of the lot. So if a tenant Is renting the lot and the home, then two code apply.
• 215 Del. Code § 7001-7025.
• http://delCOde.delaware.gov/
- Ciiek on Trtle 25.- Property then go to 7001 et nq
4 ] g] Local Codes
• Wllmlngton Code, Chapter 34
• NCC Code, BOCA National Property Maintenance Code
Comp1111nt 111•ner'atlld compllance vl•IW
- Tim.nhl Rlgtrt. Guld•
- Yearly ,.g11tr11tlon
- Protocol fOr Random ln11P41etlon1
- Enfun:ement or penalty HCllOll•
• City of Newark
s!o l Landlord as defined in Section 5141
• The owner, ln11or or1ub·IMtorofth11 nmtlll unltortht proptlty OfwhlC.h It la a p•rt•nd, h1 ICldltlort, •hllll 111t1an •ny
person •uthorizltd to t•trclH Illy Hpact of th a m•n•nemont of Ult premlaae, lncludl~ •ny ~rso11 who, directly or
lndlrectly, rec;olvo1 r•ntt or any part thenof Dlh•rthan Ha bOna fid11 purcha1111r .nd wno hu no obligation to delvtr
tha whote of 1uch 1'1M)8ip&9 to another perton: or
• A11ir peraon hllld out by any landlord H th• epproprllde p•rty to •cctpt P•rfonn•nce, whllthar •11ch Ptf'IOll It a landlord
or nat; or
• Any pa111on wltll vmom VII tenant nonnally dealt n a landlord; or
• Any perton to whom tha pe111on 11p.clfled In 1u11pat.1graph11 b. and c. of thl• paragraph ni dlractly or ultlmawly
l'HPOJltlble.
6 l.oJ Landlord as defined in Section 7003
• "Landlord'' or "community owner" means the owner of 2 or more manufactured home lob offered
for rent. It includes a lessor, sub-lessor, pa.111. owner or receiver of 2 or more manufactured home
lots offered for rent, as well as any person, other than a lender not In possession, who directly or
lndlrecdy receives rents for 2 or more manufactured home lots offered for rent and who has no
obligation to deliver such rents to another person.
1 iol Tenant
• The Rtsldentlal Code defines Tenant as follows:
_ "Tenant" •hllll ma•n • ptrton 1mltlld under a ... rttal agr1111ment to occupy • rental unit to tha 11xc=1111lon Of othtr.,
and th• word "ten•nr" 111•11 lnclud• 111 occupant Of •my pnimillH pun1uant to • condltJonal HIH 'flrttmtllt.
• Section 7003 reads in relevant part:
- "To"'nt" or ·11om1 owner" mNn• an OW"*f Of a manuf.lduntd hom11 who has • tanancy of• lot In a 111.1nufacturad
nome commun1~: 1 l••H•.
e ICl I Lease (AKA Rental Agreement)
1
Page 88
• The Re9ldentlal Code defines it as follOW$:
- -~1nta1 a~rvemant" ahall main •114 Include all agniementl, wrtu.n Cir oral, which nuibll1h or modify the tanna,
conditlon11, rulea, ragul1tJ011t or any other pmvltlons conc•mlng the uaa •nd occupancy of a rental unit.
a Section 7003 reads 11'1 relevant part: .
- "l.aH11'' or "ranta.l -Ol9tmtnr mHna a written contrlet ~n a landlord and • ttn1nt a•tabllahlng tha i.rm1 1nd
condition a whereby• m1nufacturad home la placed llPon or Is •!lowed to .......in upon a ranted or leased lot In a
manut.cturtd nome community.
9§ Rent
• 'Ole Reelden!YI Caci• di;tH ni;>t denne rent but has ..,.,"al relev811 provlelone thal • ., whet I• eOOllldored r.nl
- I.ala'"' ara eoneldlNd l'lrll l&ll01(d) MY• In part: "Alat4Jo& I• corw~r.d u ~llonal ,..lllfot lhe Jll'l'JW>t.. Of ttlle code."
- § 5312 Hye In relevant part; {or) Ch•fll•alor utlllly aetvlcH mad• by a lanCllOnl kl a i.nant ahllll b• eoneldt,.CI rent rot ell
pUfPOHI under 11116 Com,
• Sore1lon 7003 rellde In ftlievant i-rt:
• "Renr mHn• mon.y paid by 1 llln1nt to •lt>ldlordforth1 POMHtlon, UM and 11t1Jayrnmn1 of a Nnttcl bl and olflet patls ol lhe
pl'llmlHI li'I • 11\anufactqred hom1 comm...ity putwumt 10 • r-.nttl tljlHmtnL For purpaua Of summary poNHObll, rani
lncludee 1•1• leoa for rent, other fen and Cl.lergas, indudlnv !Cltlty Cllatgee, et1d lhe •n•nl'a "'11119 01 m• 011 ....... M.....r-.;""d
Homo Roloeallon '1'ru11 Fwml ••-omenl.
10 I.Pl What to do before you rant?
•Condition of the rental unit
- Take photogl'llphs
- Ask for wrlttel'I c;hack list tor dellcienctes
- Maka sure they tum In sheet and keep ci copy
- Remember Code protects you for promls11$ of repairs.
11 (gJ § 5302. Tenant- remedy; termination at the beginnirg of term.
• (e) K th• landlord fill• to 1Ubablnllllly conform lo th ..1111t 1grMmet1I. or If lh. . b • matertal noncompliance ~ llnY i:od9, ei.tute,
ardfn«n~e or ,.oulallon {IQll•mlng Ill• ~lnt.nlUICt or operauon Of the p,..m11.,., tltv tenant may. on wrlU.n nalle• to1h• ianCllMd,
••nnlnlllt Ille ronw &Qlffmlnt lr\d vaal>etlle pNmltea it any limo during the 191 monlh of occllpaMy, •a bng a1 th• i.n1nt
rtnwllna In ponH110n In l'tllan"> on • pmn!H, wlltlhtt Wlfllon ot o,.., by the lllndlord to correct an or any palt ol lhe conellllon 01
c;omlldon1 which would juoll!y terminal.Ion by Che 1tn1nt wnder hit h<ltMm.
• Ill) If th• 16119111 19mafn1 In p-uron In retllnct on ~ pwml11, wlletlllf Written ot onl, by lhe llndlonl, to COll'6Ct all or Df't part of
tho condition or ~nd1don1 wtolch would juaUly 1'"'11nallon bv 11e ttnanc under lhia ..ell on; 1ndlf l!UlllanUelly tlwi Hm• a~ or
omiaolon width eon•lltutH 1 pnor nonco.npllann, of which pnor nollce - given under .ubUGUon (a)ot 11116 a.t:lloo, ,.,..,,. v.lthln
6 tnont11•, th• C•~nl ~ lermlnate Ule torUI ag,..,,.nc upon• r1n11~ daya' wrltllln notice, wlltch notice ehall opec:lfy lh1 btoach
and th• d•lill or hinninatlon olttl• ...nlal ·~•ni.nt.
ii lg] § 5302 continued
• (o) N lhfn •..i.t. •nv a:ondtti'an -...1ir:h daptlv.. 1M&tn.1nt of• 1ubt:&1ntJ•I pwt ottha t1ie·ntnt Ot"e"9Ymmt at"" 11n1nn Oiltllh\, tM c.n1ttt may
noU!Y Cllt ll~dlonl in writl119 of u.o •ondlllOfll In•, It tM lllmllonl don nOl romodylht ~ondhlon wilhfn 11 day•, 111e tonanr 1111y t•mrin•m lh• ""'-''
tllll'ftmant. The t•n•nl rnu•l th1n ~ntaat• 11'1•c11onIn1he Ja;i1tkl1 Of HM Paeti COyrt tttkina a dMmtlnaUon lhlt Ch• l•Ntf!Mf h11 bnuhlMI ma 11"n•1.I
at-fnl ~y doprl'llno 1111 ltNnl ol 1 •ubaLlnO•f P•tl of lhe HMfk or onjoymonl of 1111 bl !Stlll tnd mu •Hk domogn, ln<lu4lnt a l't<lt doduc11an
trom lht dllt ...tn.n nOllce of Ille oondMlan wa• alWn .. tllf lln<llonl.
• (d) l'IM 1161111111011 l'llfwmf lo In OYbteollon l•I DI thlo ..eCIOll wtt "'u1dwllltuHy or no911g1noy l>)I 111• ltindlonl, thll•ntnl ""'J ,.....,,.,. tl'Mlor
DI:
• (1) Th• dlllmMe• b•-n IM rtnt pa]l&blo under lho rwr!IAt '0"'1'1tnl lllt AN "'P"'""' 1110H11ry to olltllft ...,;wr.nt 1ubotltu1o hoU•lng tor tM
Rnwmd.•r of lM rwntal term: Dr
• (JI An arw.oun< 1q11.1t ID 1 lllOllll\'a l9nl lftd 'M 11<"'1ty d1polll~
• l•l Tho i.tranl "'"J not-... .. th• rt!Ml ltl'ttnoml lor • oondltlon •••- •y tM wtlll of""" aR b~ ttlo ........ • - • I of ltnon(o t.mlly or 1ny
otti.r perwon on the preml1H _.°'th• ttnant'• con..m. W• l•llMrt tenn1nata1 wra.rttfwtty. th• tmant 1halt ,.,..,n obllO•llMI tit!Wltt ttM nntal
aa ...111•111. rro 0111. ~-••• a13. H •.J
13 [g_I §§ 5104. Obligations of good faith.
• Every duty under thia Code, ~md every act which m\Jst be pertonned as a condition
precedent to the exercise of a rig ht or remedy under th is Code, Impose& an obligatlon
of good faith In 1t$ perfonnance or enforcement.
14 joj §§ 5116. Fair housing provision&
• (IJ NO ,.,.an, bMl\f lf\ OWftttl Ot •ttnt of any ,..1.1.talll, tMH.l.H . lptl'lrMift.I Mothff•ttrniM•..... 11 rwfvH ordMJllM ta nnl, . . .,."'• •vDl••M1
HM9n ort:1mc1f eny 1ll11t1"9 Nn&al •QMtntn110 or of M1Y imam or anv ptnon b1 ,.UOft •' "'°'' CtW4:1, nU9ion, m.tt.I 1tatua.. aarar, ...., n1Uol\Jll
origlfl, dlublttly.•v• "'°"~~or Hc.t~M lllt '"""' 01 poroon hn • •hl4 or d\lld'9n I~ lllt lt..,,1y.
• °'
(b) ~o PMH" 1n1u Clemlftd rmc:eM 1 gru1.ar tUM at NTH ror lh1 Ult and occup.-.01 ot 1ny p,.mi .... bt!iel\llt IMi Ptrwvn rwntingi or dHlrtng lo
... nt tM pnnn1111taor1 p1rt1c::uluHc., c,.lod, tt1Jilon 1 m•riDI1tstu.1, colot', •tl. n1UcU~•I otlgtn, d1Hhl04", ... or v~~l.IP11tlon orhH I ahllod or
<hllmn In lh• f1mlly.
• (e) MM\• ewm otf id~aUvn und« thl• HCJtlon, thll wnant may neewr ill.1M19H tYtWlinW •• • r.Mlfl vi Ill• ..ndlord'• aallon, IM:•udlnt, bul "<111
nm11o<1 CD, t'tOtftHI• n~ ntt•*'"'Y 10 olit.oln od•quoto ••bo- 11ouo1no.
• (d) N-•bndlng · - - •·1of1111• M~llOll l't!4llnl IO ta- 41U.Wn•llon, ond conoKl•nt wHh ,_,., •nd 111.1111
fl'lil'f ma-.a Rntll unk• 1w.llablt ••tlVll\Mly for MttiC.I ti)'""'., '•If
lloWflf\t Hit,• l•mllord
cfUatn•. A Mnlor d tinn .. m.. unk U.11 be ...,. .. bl• lor NM •elfil~ lll .. ~ eftb.•M,
wilhovt regard to r.09, c:,.11d, teHglan, mutt.II 1lllU1, IDfot", AD, ftl'fJ&ft.11 ot'f~lt, dlU..Wity 6r O~c..-.Wn vf ~ Hnh:tt icttRen anil wtthaut noard to
'"'1tllltr or AOl tho """"" oltinn hn • •IH!nd.nc clllld or 1hlkkon In !hi rutdlnoa.
• TIMI M - It tllfOICt41 lly !ht H-.t Rola- Corrml11lon.
1s In I §§ 5106. Rental agreemait; term and termination of rental agreemert.
t ~·J Na nntaJ 19....,..nt, un .. H kl wrttmg. &ball bl lft11GUV11 far a IDnpr tarm IMn 1 ymu,
t ~b) Whlrw no tlnn 11 up111HIJ pnJ.-.hl1d, a .. n1aJ 11g1'111ment for prwwlH& &MR bl dMIMd and aaMtnled ta b1 fat• "'°"th-4&-Manth ''""'
(<I Tho londlord may tennlnoto •ny nmtol -1111111. other thin rwontl!.CCHnO!ICh ,_,_,ta, by 9tvt119 •minimum of IO do)"' - n n.U.. to tl11
2
Page 89
tonal!\ Priot' .. lh• ..,1,.11on or 1116 ltrm of h romCal "II'".,.."~ Tiit no11.. •holl indie ... 11111 lllt ... - . .m o~ou ~"""nllt upon Ho H Fl,..tJon d•tt .
AtoMnt moy """'""'"a Antal ..,..._,, br gt~• rnlnlnlt.IM ol 10 da~•' written non.. pt1011o tho u plnllon af ttM tt"'1 of tho ..mol og-Mtlll
th•t ttt. a_.. .... n1 1MI mnnln1ta Upot1 It& •APl..Uon d1lli.
• (di Whwt Ille torm of tho rontll atl'ffMtnl I• momh-co-montll, lllt lllndlonl or lllnant ""Y lttminoh lho rontol ogrotmtnl br giving tho oth4r par1y 1
minimum of llO dowo' wlftton nollet, Which tMoy ponoa •hill Hiiiin Ori tho 111 day of lht month following tho day of 1c1ual notl"" .
• (•) Wkh r•1•rd to• teni1nt oi:e.up)llr\t 1 f1d.nll)'.. ubsld1Hd PIO\Nll\i' unit, tn the ewnt at ._nw confllA bdwllen th• tlirmt of thi1 Cod• 1nd th• u""" of
1111~ r•cttr.r t.w, r11gufatlon1 °'~It.Mt, th• t111M of the re<MraJ law, rw11ubitlon1or9uktelftt4 t~I control.
i6 ILJ1 §§ 5107. Renewals of rental agreements with modifcations
=:..~..-.=:=::::.,--:: =:-.:=.·:.::::::::::·:,=~~-:~~,.::.=·,; . =r=.. .°'-:.·:=:.," ..
,_._
-
-=w~ .....~Ofltnl..lvc•ftalk•.-al ....., tM~1111t~,..._.,.... h ~ol• t ~ • Mndl~Mlllli"" Wt tn• Plk+l..,~1.,~WMM11m.1t•
• Olif&e.,,.......flf~-'11:1"- . . .__.,IMttt ............. .......... ... ,..t'6M\"ttN:...... l•..,....IM l f1tt'NHN.a ........... 1 ~et M •,..~to . . Ul .... d
•
...
... t -.--~4tfM .......... R~...W~~R ....... ~ ........ ~ IM •o,..... .., .... , .......... ~ IMMt cf M1M ... n .-.l.<M1.•• W:• . . ..,04
.
fqN'tM~rettott"flnwdllirll--- ~-- Ml ..._..41 . ~ 'lf ~~~-·Mtdoft.Hr'll"ltl'Jll ..KllllllMllkll;elN....... IMl .. ~·.. eflldfw.~ROllltt.
~~=~~=-..,~::...~::=.--==-~~;-:.=:::=o::~::..~~.':...97~::=::::HW
. . h1mg..il111 IM~Mltll.i ~l-- ...~.m' •~ 't ftft- ~., .....&.ii....-.,"""'Jtftl:t • • ........ ~~f""""'· '"l .. lfl9l!t rl.,,,~
~ .. ,,....llf.,... c:-.M11tM1..... a1.,,,..uo,..,...... ,.....,.,Uw..,..a..t.11Mt.aO...,.,...ncint11PmMn••M•~ v• o.c.t..w .. a. n s.11 1J
11 U I I §§ 5108. Rental agreement; automatic extension
• (1) Wh•re a rental *11.......,.nl, vlh•r than ftt fal'n'I unit, Is fw 1 or more yu.... •nd &O ~ or upward befani tt,. •nd GI th1 lenn elthtr
the landlord doe& nat give nodce In W?ltlng IO thtl t.n.11nt of landlotd"a Intention IQ wnnln1te lhe ,.,..ta! •g,...IJMlnt and th1 le1'81'1I daH
nol glw 45 daya' notl<;i1to1111 l1ndlorcl or llon.nt'a l~tlon ID 18nnlnal<! Iha nint1I 1iream1nt, the 16nn ·~•II IHI monl!Mo.manlh, •nd
all vthu IAlllM Of the nmtal agl'Mfltlnl lllHll COntin\11 In fl.IN bn:e and el'lec:I,
• (bl 11le provtelotla af H 1107(•) thto1.19h (c~ of lhlo ti!I. shall oontrol Ir a nntiea D I _.. With modification. ha blln 1enL
a (c) Wllb 1'6Q•rd lo • wn1111t occupying a femialfy-b1ldlnd bou&lng unll, In 1119 .v1fl of any confll~t belween lhe t1111M1 tJf this Cc>d•
and Iha - · rlf llflY f•d•ral l1w, 1'6gulatlarui or11uld9llnM, Ille tel'n'I& rlf th• "d•rel llW, reguWians or 1111ld•llnM aftall eunlrvl,
10 lo] § 5109. Rental agreement; promises mutual an::t dependent
• (aJ Maertal prom!•"·
agl'Mln40ntll, covenantt or 11ncl.rtakln(l'9 of an~ kine! to bo performed by tlttltt party to a rtttUI
agreement 1h11ll be lntttprvled n mutulll 1nd dtptndent condltlo~ to tll• pe<form11nca of l\'INl'lal promleaa,
agreemente, COl/tnartta 11nd unde~kfng1 by the attiar party.
• (bl A P'rty u!ICl.t.iklng to """"cty 11 lll'Ndt by the other Plll'ty Ill KtiOrdllnca with t11l1 Coda ahall ha dffll\td to h~ve
compli.d with the te11111 of ti* Cod1 lfthair nonccwnpllanc. with the eXKt IMtnK1111nt1 ofthla Coct.11 non111819rlal and
non pvjudlclal to the~ party.
19 !o I §§ 5110. Rental agreement: effect of unsigned iental 41greement
• l•l If the IHdlard daa• not 1l11n 1 wrtllen -ta.I •grwoiment Wh!M baa baen lllgnod ~ C.n<lolred ta lhe landlarij bf th• ten~.
1cceplanc• t!I ... nt wHhout ruernuon by lhe IMKl!anl shall give lo Ille nrnlal - . - . 1 the 18nWJ affact . . 1111 hold bMn elgned by
th• landlord.
• fbl If 1111 tenant lb111 not 1lgn • Wlltten rental eg..emenl wh~ h19 bHn algnad •nd 18ndlf911 to lh& ll!ln•nl by Ille landlonl,
11:1:111- tJf poaa... alan and PllYfMnl et ren1 by the ~n•nl, wllhout IMtl'valian, •hall give to lhl ,..ntal ag,.•ITllnt the Nm& "'6cl
M If It hltd Ileen algnod by die lltnanl.
• (c) wti,,. •
,.ntal agreement which"'-• bwn given lfltct by th, -;illon of thla 1ectl011 P!V"lde• by ha lerms Jot a term longer th.In
1 Y""'" It lhlil operen lo .: ...111. only • 1-year C-.
20 Io I Verbal rental agreements.
•Are recognb:ed under the eode, but are not recommended.
21 j[J] §§ 5101. Applicability of Code
• (a) Thie Code a hall regulate and detennlne all legal rights, remedies and obligations of all parties
and beneficiaries of any rental agreement of a runtal unit within this State, wherever e.xecutad. Any
rental agreement. whu.lh•r written or oral. ahall be unenforceable Insofar as the agrHment or any
provision thereof conflict$ with any provision of thl:t Code, and Is not expressly a1.1thortzed herein.
The unenforceablllty shall not a~ct other provisions of the agreement which can be given effect
without the void provi11ion.
22 : o I §§ 5501. Tenant obligations;rwnc."'rent
.... .,..Mii
_,,.._.,h ...... ..,h.
• M,.,. .....~ .......t .............. cmwWl............
• llilftll!t- .. pa~ollt..timomdplooo11-tlll\llllo,..... , ~i..1 ....
bNillmaf . . . ~.SM llftMI 1111111 t*r ...... ~I,....,....~"" ...
.-oo.-..,.....,. __ i.._o10io°"11.,•... al ..y-.f<wtmonlllor
~. lllft... 1 lnCMll'l'&f.t111i11H M,.,,.flW.M ........... ""99"""'1MftW.ofa lut'i9w ~""-
• l<IEJro"fllfo<_of_,., _ _ ... ........,..........., _ _,".,.·
• r•INMl"l lht-"' .. --'""""'""'"'--lltolo .,. i...o.nii.. _ . , . . _ otllt<OfOICl-
.....,.,1r.-A1oto....,..llOD11•-••..Wlllonol _,....,._ .... c....
.•-""""'""'lll"'"°'"ncooU-•ol"" ""'
,n....,.....,..._,.,u10""°..,._hl....,.ol.,.11!9ld-ll1r"'I"'
.. _,..,,,111....-... 11,,,.,.,,1.,....,.,.,.,_o1_.•,,...,_
_.,.....,,,.~~ lft1l, lnN OOUfttw'~wltCh h- ,...l "-P\ J •~ . tn111~ m.WC.at .... ,.pt""'""' P*'-flM'rwotlftOl ....,.._..•, ....,.IW'\"'9Y .. 9nlt/
~- '"""'" ~"""' "" "'fM•orOh1 111 ._. ,...,. o1 .,. """""...,...""'....,.
IN)"llfld ... 4u.• 4-•~
• (tfJH'allfdOnl ~ 11111111" piaYft'llll'iW....t.••t.i~ lh•' wtllln tlUV..a•ve illih...,.. • fft!llpt">rw.t,arnwiL 1'11• 111111!1kln::l atuil...,.•"'10d 1111'~ yarti ,
rnmi...-. • ...-nl cl ~t R«I rwM,n far IWIL
23 ID I Other Faes
• The code has a num bur of provisions govemlng what fees can or cannot be charged.
As previously mentioned you can charge a late fee. See §5501 above. You may also
be charged an applleatlon fee. Assurance money Is prohibited, and aU other fees are
3
Page 90
covered by §5311.
24 [§ §5514
• (Cl) Wh1rv 1 t.anant II Nqulrtd to PIY I hi to dirtarmlnt ~tenant'• crtellt worthlneae, such , .. It 111 tPPllCttlon fet, A
i.nCllOrd may chuva tn 1ppllcatlon '"• not to eir.ctMd the gNater of tither 10 pen:ent of the monthly rtl\t fortl\11 rvntal
unit or $50, ta datennlno • ttnant'• cl'9dlt worthlnen. The l1nc11ore1 111a11, upon ...:lllpt at •ny monty Plld 11 ;an
1ppllcatlon ''•• fumlth • ...Ulpt to th• tenant for tho full •mount pi11d by 11111 tenant, •nd th•ll maintain for• period of 11
leaet t yeen, compl.U rtcotda of •II 1ppllution fen ch1rgtd and lmountll nictlved fot .. cl'I •11c11 he. Wh11rv the
lendlOl'd unl1wflill)I cN«ianda mont than th• ellowtblt IPPlltatlon fee, the tenant ahllJI be tnthlff to Clamqea equel to
do11blt tht fln\Ou.rt Chiirged .., an appllc-tlon r..
lllf tht landlord,
2s ciI I §§ 531 O. "Assurance money" prohibited
• (•I In rtll'/ lranHcllon """•1'6111 •n opPll~Clt;111 ~ rMdt llV 1 proepecBvo bMnt lo 1 - • ctw.lllnlJ unit, 111• proepecllv• Ian di~ or
owner o1' llM dWelllng Ul'lit oh•ll not •'lk for, nor reciel'lt, 1ny "jtaUNtlCt money" or o"'-r poymenl Which la Mt •11 •ppliarllon f .. ,
Mcurlty dllfl081, pet depoall tJr •lmll•r d•po,lt reHrvlng UH -mno unit for lb• PIOIPtCllVf te111nt for a llMe certeln. The
Pf"Q•pec:ttve 11ndlOl'd lhall rltJIct..,."" proitpKtlve twMn~ aa a,.. fOt any midll Df vllm' type of lnveet1oalltlft. atty .....,,. hn lh•
-i>e~lflc coat or 1uch lnveatlglilon. ForpurpO'f• of thl• HCllon. •aoourance rnonoy• th.ii mean 1ny pa)IMnt to Ille protp..ctiv1
l•~lonl by 1 ptoepecll~• ten-..t. ump!.., ..,p11~1t1on foe, 1 paymtnl In the way o# • ~u'11Y d-11, pet d•potlt or olmll•r depo•lt,
r•HMng th• dWtlllng u111t for tho pro•111~Uv1 ltnlnl for a Ume ~rtaln or tho ...1mbo.nln11 oflh• tpeclne 1uflla eopend..t by the
l•ndlonl In Cf9dH or other ln~11Ug1lona,
26 in I Assurance Money Continued
• lb) Each landlord ehtll m.ln, rot a period af & month•, the -.cords of Heh application rr111da by HY prospectlv• t•nant.
Upon any c:Qmlllalnt Of a vlolation of thle •action, tho Contumtr Protac:tlon Unit ol the Attomty O.n.ral'• office •hill
lnvt•tlo* th• aam., •hall Interview tenant. of tht lanellor'd and ah1H, undlll' appl'()f)N'- . .arch W11rtant, hne the right
to lnv"tlgatt •II 1'9~ords of the lend lord perUolnlng to •Ppllcatlona mada within Iha ~Cllng I months. If •uch
ln1ro•ttgat1on reveal• good cmuae fQI the Atcorney G•n•tara offlca to 1Ntlle11e the,. llH 11..n a vlolatlon of thla e~on.
the Attorney Genanol'e olftce -~ lttut auch CHH ind deelat onlert In ac:conlanca with ff 2.617 of Title~· u lrt
required to remedy tht vlolation.
i1 (g] §§ 5311 Fees
• Except for an optlorwil service fue for actual servlct9 rendered, such as a pool fee or
tennis court ftt•, a landlord shall not charge to a tenant any nonrefundable fee as 11
condition for occupancy of the rent.I unit.
ia [DJ §§ 5301. Landlord obligation; rental agreement
• (•I A rental ~ •h•ll n<>t provldtdl" 1 llnanti
• 111 A-• to W8lvt or roreoo rigllta or .........ii.. unw thl• Cod•i
• {~) A14thlll1~" any IMl'IOn to conr.u ~ont an • ~l•lm arising out or lht rental _......,.nt;
• l~l A11rH• to tht 1xc:u1paaon or HmltaUor1 al' •nr llablllty d tho liindlonl 1111e1ng under law ar to lndem~fy ttie l1n<11onlfor 111at llabllily
or lt11 coem connacted tlllrewllh.
• (b) A provttlon prohibited b~ •u-tlon (•) of till• netlt;111 Wlllc:ll la Included lrl lhB ,.,.... a~t It unenforceable. II a l•ndlord
attempta to ent111rce pruvi•IDns c:if ~ renl1ll 1qrument known by th& landlord to be pn>hlblled by 1ub1ecllD11 (a) of lhl• •~Ion lht
t1n1nt may bMg an •ttlon b:I re~ovtr an 1mount equll to 3 lllDlll!s rent, tage\htr with coat1 o1' eult but t1eludlng .tlDlfttYt' tvw.
29 (gJ §§ 5111. Attorney's fees prohibited
• No provi11ion in a rental agreement providing for the recovery of attorney's fees by
either party In any tldt, action or proceeding arising from the tenancy shall be
enforceable.
30 IDI §§ 5107. Renewals of raital agreements wlh modifications
• (a) 11111111.ndlltl'd lr1tond1 lo non.w th• rvntol agre•ment 1ubjeit ID emmded or modlfttd prvvtelorra, the ll/MllG!d 11'11!191•• IM lanant
a Minimum of 60 d•y•' wrln1n noll1:1 prfor lo tile t11plrat1on Of Iha rental _.,,.M thll lht 111re111Mnl 1h1llbe renewed ..,bJ•i:t to
emended ar modified provi.k>n•, lncluclln11 wt n41 llmitlld ltl, all>Ondod plVYlolon• relltlng lo Ill• longlll d tann or Ill• amount al
secu~ly dap°"" or rent. S~h nollca lhln •PKllY Iha modllll!ld tJf •mondltd prov!~-. lh• amount or eny redt tit -.orily dapmlt
tnd lt.e dam on which eny modHl~etlDnt or amon~nlt thlll lake llff.ct.
• (b) After receipt tJf *uch notlc• fn;nn llM lmdlord, unleu the •n1nl notltlH Ille lelldlard of the t.nanl'• lnlendGn to MrmlMle the
ex1611no t"el\t61 ICl"",.,...nt a minim..,, of ' I days prlor 10"11 141st day o1' tlll tenn, tlll provhllotl• Oftlle IHl10nlled ar modlfltd nontld
.agreement shell be dnmed 10 t..ve bwn IK'cepC8d Ind agreed lo by tlll tenant. and l\6Ulrmot1fthe1-, •••mended, thaM Ilk• Ml
lote61"4ellect.
31 Io I Renewals ~ith modifications
• (~) H Ihm •1U1nt s.jt~ lhe l1'IOdln.d 111m11 or prcwt.iont HI ICK1h In a notice o1' ritMWal given 1111ci.r lhlt HCllClrl. then the llljec:IBd
w
!Wiie• qf ren•w•I •hail con•ldtred an .n1ellv1 ltrmlnal1on notic..
• (d) The"'""' qf •ubMctlom (•) tll1911gh f~ v1thl•1ffllon 111a11 not bl 1ppllcmbll Whtre Ill• ttnant'e rent Md aecutlty ci.po111 .... •
tuncilon vi lh• 1enanl'1lneonw In aeconlmce wllll on~ form or ..gUllllon• ar guldllln•• or Ill• United Sta.i .. Depan!Mllt of Houaino
Ind Urt1an l>welopment (HUD}; In th• .vent !hot tiler •rt•
functbn of fncornt, th• regulation• 111111 guldtRnH ellal>llol\ed by HUD
with rag•rd to th• dotennlnotlan and fu1Mrw ad)1'lll11>8'11t d • tenont'I nmt •nd ..,uJil)' dt111>1n 91laM !ll>Ytm. Wltll regard to I 11n1nt..
occupying HUO.•ub.sldlud unlbl, In the ev1n1 of •ny confllctbetwun tho l•mw ol lhl• Cod• •nd "1• Wnr4 of MIY HUD regul•llon or
gufdelino, lho '"""" d • HUD re9wlion at guld1llno sl111ll mnln>I,
32 Iti] §§ 5108. Rental agreement; automatic extension of agreements
• or
(•)Where a t"erltal agt"eelll6nt. ethet !had fur rami unit. 11for1 or MOl'e ye8l'tl, and ID dl.y1 upwatd -"*Illa end tll lile term ailher
4
Page 91
the l•ndlonl cloH not OW• nMJc. In writing ... tlM lenant of lllldlafd"• intentlun tu •mnnlMt. ttt. r•nlel ao_,.,, _ the t.nont do..
nat g4.., '4S day1' notice to IM landlol'd of llm•n\'1 lnttnUcm ID lermlnal6 thl!t nimbi ...... ,JJMnt, the term ahan be lllOl'ltholo.....,nlti, ;and
all alti•r lllrm• of lti• renllll agrMinent •h,.I ~ontlnue In full llDn:• and -ct.
• (b) Th• pravlalona o1ff fi107(a) through(~) otltlll lltle llhatl conll'Ol If• nallco ot ran-al wt111 m611Wlcallt1nshH b"n Mnt.
• IC) With regard to • ten11nt na:upylng. t1111ra11y-11uMldlmel l\au.tne ur>t~ In lh• IYM or any COl'tnlcl b-••n w..
term• or 11118 Code
and th• term& of any fedarsl low, r.gutMlone or guldellnH, ~ ""1tul at ttle ftderal law, regullllf11'd1 otguldtiNne• ahllll ..,ntrol.
33 [gJ §§ 5514. Security deposit
• Cal(1) A landl6rd mey nqul"' "1• PllYll*ltof llCUl1ty ~II.
• (2) No MdlOrd ....,. rwqulrY • NCUrlly d•pHll In • - • uf 1 m<mth'• rent Wll- - Nntll agnemont 11~r1 yur or more.
• (3) Na londlord nwoy r9<1ulrw a ..curlty depoall In escqs ot 1 montfO rent {With the eacepllon of fedlr1lty-u111i.d houalng
nogulolions), for primary rHtdenttal i.11a11cios DI ~nd•ftned terrM or montll IG month where "11 c.nancynaa tailed 1 yea; or mare.
After lh• 111plr;i.tlon 0( 1 year, Ille landlord sh•lll lmm•dlately rwtum, u a ctedil ID th• •en•n~ ~ny amowit In exctH t# 1 month's ren~
• (-4) The HCUr1ty depoalt llmlte. aet forth llbQye $hall not apply to fUmlahed nint.I unltlJ.
t (b) eoch HC:Uflty depaait •hall be pieced bv ti.. Mlndlord h'I an Merow b•nk llCl:QUnt 111 I hfttally-lnsuntd banking
lnatltut1011 with an Ofllce th•l eccepta dep°'llt wttnln th• Stan. Such account ah•ll bt d11lgnmd •• • aacurtty depoall9
•c:c:o11nt encl •haQ not ba uaad In the opa,..tlon Of 1ny butinwa by the lendlonl. Tnt 11ndlOl'd thllll dlaclou to the tllnent
the locllllon Of tha Hcurlty depoali •cicount. TII• HCurtty deposit prtni:l!l'I •hell Ill lllld •nd admlnletered for the blnefll
of tM tenant, and th• tenant'• ci.lm to 1ucll mOtlty ahllll ba prior to that of '"ll Cl'ldllOI' of tfNI landlord, Including, b11t
not Umllad to, a truatee In llM!lrupecy, tvan If auch mCJMY II cornrnlngltd.
Js !ol Security Deposit continued
• (t:) Tiie pulpUH "'ltl• HCilr11y depoall ahall 11•'
• (ti Tu rolmbun• "11 landlonffor actual dam.eg•• l;l!llSld to UM pn1mlua lly Ille letlanl whldl •11e<"d normal wear and !Mr. at whl~h
cannut be wrrec:t.d l>y painting and ardln..., ct..nln11; ~nd/or
• (1) To IN'Y UM tamllonl 1Dr 1111 ranllll a,....enga 00. under the 19111111 •11-•~ inc:tudOig l•I• ch•llH and n1111a1 dte Jot,...,.,_.,.
tarminlltlo!I or •IHtndonmenl Oflhe tentlll . - n t liy th• hm•C and/or
• (3) Tv n11mb11rM ltl• landlord for all -.....hi• ••pemw lnc:unwd In -a11t19 - ...,.ndng the~ ceulltdlly th• ~"'
t•l'lnln«tlon of the rwnllll . , . _ . . . , lhe lllnonta, wlllch I - • -natl"" pumtmnt 1a H 631• of tni. mi.. pioovklHlg lhol
retmbwrMm9!11 c:aullltd by lermlnMIOl'I pumu.,.11111 ff 531• of ltJle tltla &hall not esceed t munlh'• rwnl.
• by Ill• landlord.
36 Io I Security Deposit continued
• (d) Whtrt ' uin1nt It rvqulnld to pmy 1 tee to d_..rmlttt t111 ttnanr1 W"edlt wortlllne1a, 1ueh fff I• an lppllRtlon r... A
tendto!'ll may c~• an appllcdon he, nat to ••c..d Ult g ....i.r of either 10 perant oftht moMtity 1Wnl fortM nmr.I
unit or UO, to ""9n'l'ti1111 1 tenant'• credit worthlneH. 1'llt llndlotd tlhall, upon receipt of'"~ mone, paid H mn
•PPOotlon fH, fvml•h 1 ncalpt to the tenant for tn• full amount paid by the btnmnt, end 11111 maintain fol'• ptlflod of 11t
ltHt 2 Y*''*• i:omplata racorda of 11ll 11PPllc1tlon r... charved 1111d amo11nt1 r1ulved for Heh such tee. Whlll't tho
landlord unlawfully dwmncl• m0rt than the 1ftoweble appllclltl11n '-t, t"8 ttmint 1h1ll b1 sntltled to d1m1gH tQ1,1•I to
double tha amount cha~ H •n 1ppllc.tlon '11•
31 10 1 §§ 5514. Security deposit cont
, ,., Hth• t1ndlord la nd - - "'.ti ur •11Y portion ol tl1e HCUrtty depOllt. the ~ tlMll n1mlt tl1e NcU111y ddpOalt wltliln 20
daye of Iha Apilllti6n 61' tenninol;kln Qf the rent.I "lll'lement.
• (I) Within 20 doors .tt.r the tlrmlnatlon or arplrallM "'•ny l"lllrtll 1grM1M11t, Iha tandbrd 111111 ~!he tenant with an l9miad
ll•t ol da"'ll!IH I.Cl ti.. ,...mi...
and the ttaUm.lad o;Qoll qf repair for Heh and 911an lllndar ~''"""'for ihe dtntninee between tho
HCUr1ty d•PD•ll llfld tlUeh - of l'llpait af d·-~ I.Cl .... premtan. F•llUN ta da •a •h•ll ~CIMllM• •n aclolowtedgment"' lhtl
lillldlord that no P•vm•t ffll' demae• Is~. T1nant'1 accapl8nCe of a payment 1ubmltllld wtlh 111 h•mlzad 111t of damagt1• shell
oon1t1tU11 sgreemen1 on Ill• do..._.• -cHled by Iha l•ndiord. unlolln lhe •nent, within 10 day• otlhe i.t1anr.
c.nder ut payment, oll)lcta In writing*' it.. •moun1 wllhh,lld Dy Iha tandlotd.
,..;;"'*
Df •""'1
• I
38 ID I Security Deposit continued
• g) Penalties. --
• (1) Failure to remit the security deposit or the difference behwen the
security deposit and the amount set folth In the list of damages within 20
days from the expiration or termination of the rental agreement shall entitle
the tenant to double the amount wrongfl.Jly withheld.
39 [g) §§ 5514. Security deposit cont.
2) Failure by a landlord to diselou the location of the security deposit account within 20 days of 11
1
written ntqueat by a tenant or failure by the l<tndlord to deposit the security deposit in a federally-
Insured flnanelal Institution with an office that accepts deposits within the State, shall constitute
forfeiture of the security depOSit by the landlord to the tvnant. Failunt by the landlord to return the
full security deposit to the tenant within 20 days from the effective date of forfeiture shall entitle the
tenant to doubl11 the amount of th• security deposit.
5
Page 92
40 02) Security Deposit continued
• hi AH co1M11AnlceUone and o>oll.:ot•, l~ng the mum of any -urlly ~po1l111nC1trllllt 1ee110n, •hllll bt cllr.cl•CI to IM landlord .t
th• •ddrnt •Ptelftlld In I.lie tent.I "ll"'"""'nl 1nd lolh• tenental an ocldntQ •l"CllMCI In lh• te'11al •&'""""'"'
0< ti 11-anllng
addrwa, If provleled hi writing by th• ltnlrf 11 or '"10f lo lho t ..nnlnaUon or 11'11 renlal 'OfH""'nl Fallu,. by 1ht 1tn111t 10jll'Ovldo
1uch 1dd,..1 ehal telleve ti••
Llndbrd of l1nel0td'I Nepon.. bRlfy to give noUce horeln and 18<\donl'io li..1>1111)' for doul>le Ille amount
of Ill• aacuflty dapoait as prov~ herein, but 111• lendlord 1h•ll con""'" to be l11bl1 to Ille b!ir1-.1fur1111y unut1d portion ti the
Hcur1ty Clepoet1: provld<!d, lhat me 1tM.nt1h1ll R'llka 1 eliolm In writing to lhe landlonl wltlllr1 1 yHr from the t.rmlnallon or
explraUon or the tent.I "llr..""'nt.
41 lg_j §§ 5514. Security deposit cont.
• (I} Pet .S.,....itf, -
o (11 A l1111dlord ml)' require a petdepollt. D.m•ge wltlenmllll unllCllUMdby an animal ah•ll ftrllbe deductlldll'Om 1111 pal depo•lt,
Wh•re lhe PM dtpo1lt la 1n1Ulllclenl. tu eh d•mm11t1 may be deducled fl'Om the aecurlty d""""'t, A p« d•-'' '' IUlljeet lo
•u~~· (bl, (1), (11, U" and (h} d lllhll 1111~lon.
• ta} No landlord m1y 1'91JUll'I a pel ci.pc>all In ~can of 1 monlh'a renl regatdlMa ol lho d11n1tlon of the rw1t•l 1Dreement.
• 131 A leridlol'CI may tequln1 an llddhlolHll dopollt fnlm I i.111nt wltll e pat, bul 1hllll nv& ntqUl'11ny pet dtpoell rnn11 a teo~nt lf111• p.c
11 1 duly certified 11\d ftelnad suppqn 1nlmel f(M' 1 CllMblad p1ts0n who Is" rnldent of tilt nintal unlL
• ij) Ir 1116 rent.I "II""""'""'"° -clftM, a landlord may ln~nr•• lhe ,..OIMtty depotR commenaunite wllh Iha rent, If ltl• lnt:f't•t Of Ille
lt!Cur'ity dap""ft will ·~c11d 10 perHnt Ol lhe monthly rent, p•ym•nt r;if lh• lncrneed eecurlty depoelt shall blJ p11:1r11ted over Ille term
Of Ille ........... agre•m1N1t, •Mc opt In lh• CIH or MOl'llll-to-monlh blnol'l':y, In which CIM payrMnl Ol Iha lnGnr•H ·h~ll b• prorlll•d over
I petlod 01 <4 month•.
42 f Ul §§ 5511. Rules and regulations; tenant obllgatloos
• t•) Ille.,__
The imant - an DUI.,. In with the l;'ORMllt Gt~ tenant - I obey 1111 oiillgalian• or rnlr1ctlonll, wllelher
danarnln..Wd by lhe l•ndlonl ea "rulH," "tegulallono,• "nttlrlctlon1" or olllMWl81, COl'ICflrnlng th• bfn1m"1 UM, gceup-.i and
m•lnt.n•fK.I of the ntnt1I unit. 11ppurten1ncea lhen1ta.,d lh• PfllPlrlY uf which lh• rental unit I•• p..,.,Jf;
• (1) Sych obOmUon1 Md rtttrlcUona pttM!!Dt! l!t b..ab. yfwty. pull!. PdYAt! f!\IOymbnt ar wttftct. pwt IOd OfOIC Qf lbt t8net'lt.j
Rromot• lh• llC!ltrV&llofl Oltlle l•11cllo!!ft Q!l!P!nv frpm abu11; end promotl tho felrd!Jtrlbutlon of 11rv!cn and taclllll•• P!l!•ldtd
for&ll ttnmtt Ol!!•Qll,)r, and
• (21 Such Obl'Olllont. lrld ro•lrl«IO.. .,. bfou!ltil lo Ill• -nllon Of Ille 1-. ...1.1 tha .,,.. 9f Ille teNnra •ntrv into Iha . _.... nt to
occupy 1111 rental 11n1t: Ind
• (31 such obll(plllOn• and re•trlctlon• arv niaaonallly relall!d lo Iha purpon fVf which iley are promulOAtad; and
*
• C41 liiluch obll1t11tlen1 111d nalrictlona apply to •II mn•nl$ 'If Vl9 prop•rt.1 In I.tr m•nn•r; and
431.n I §§ 5511. Rules and regulations; tenant obligations cont ..
• (I) Such ob4ivi1Uon1 1na -btctlone - aulllclanty Hpllc!ll In VI• p~~lllon, lllredloo'I t>r linllUtlon af
Inform wnanl of what 141nant mu11 or muat not doto comply; and
th•"""""•
conwcl to lalrty
• (81 Such 111>1l911110H 11r rt•irfdtvn•, If not meda known lbllla b!il'l&nUt th• wmm1ncement of tAnancy, 1re btOught toth• -ndon of
the lwnanl - If uld obllgaU- WOr1< a llUbelanllal MOclftG.tiona af th• i.... ll!lrell!Mnl lll•V have boitn conoanled ID 111 W11\tnll l>V
ltnanl.
• (b) All tanonb 11011 llther gu- of th• preml- wlll'l Iha ctin. . nt of t.nant -'11U conduct themaalvea In 111 mon""r lhllt d - not
unraosonably lllllllrf•re with tt.. p.ceful enJOymenl of lh• other lon>1mt:.
44 1o I Practice pointers
• 7. Condition of the rental unit.
• A. Tenant complalnt1. All complaints must be In wrlllng and must be delivered by one of ttie
re~gnlzed methods of delivery of notices. Key considerations 11111 do the comphllnts have to dO
with 11sa11ntlal services, conditions of the unit, or loss from Hre or other lo.ss. Thu following s11ctlons
sets fortti most of the landlord obligations concerning the condition of the property, Fanure to
comply with any of these can result In a complaint from tenant.
45 Iu I §§ 5305. Landlord obllgatlons relating to the rental unit
• t•I Th• l111tdl9t'd •h•ll, ot oft tinw• during th. hlnona~:
• (1) Qomply \Nflh. •11 IHlleolt lh"h'ltkm1 llf •nv •t• or toa1I it.tut., ciodlt, rwgul•tan GI' enl<•ncit tovtMing •h• m1km!Mnc•, 11onstruauon, UM or
"""""'""(•,.,Ult ,.ntel un~ Ind-.. IH'Ol*iy of which it i• a pan;
• (Z) Pfo'llMI• 11 ....,., unit""'~ •h•N nvi •ndanaer ttle heami,, w.nare or Yr•tv or lh*tMNnta orae~1,.1~9'tt t.l"ICI wtiidl i• fitfwtlw PUFDOH forwhlah It
.. e11pn11ly nnt.d:
• CJ, KHp fn I 4!1Hn lftd HftllapY MllllllHle.. ._,, f:O"'MOn ....... of the ltvfl~ftlll, grvundti, P1alNtlH and 1ppt.1rtilnlne:. . lt\eret6 whli:f't .... r'l'Mlinll•nmd by
lhtr londlant;
• (4) MK1 d
G\llht by •.w,...,_a.,
1nd 1rnng11n1nt• MGHHty to put 1"d ll:Mp tM r.Mal "'"'' •r'lcl "1t 1~•urtlnans-e1 th1r.to tn •• 9oad • aondHlon H they '#llN, or
Dr mqret1ment tD hlw bun, at th1 aamm1ne11rmnt DI IMi l•l'Mll:Yf 111d
• ($) "•lntoltl Oii lleetricol, plumloln• and alh..-1.. Ukr.o ouppll.a 1111- l.lndlanl In 'aad -riling anlw,
46 [[JI §§ 5305. Landlord obllgatlons relating to the rental unit cont ..
• (bl If Ill• rental aareemen110 ..,.c111....
Ille lal'ldlot'd ahlll!
(II Pnnltf• ..,d rnalnbln ~ -..piadH Mid <:anvimlancm for lh• 111mov•I at •hn, l\ll>bl•h ind ll!lltNllll and Mnlll!ll for
Ill• rrequenl tetlWWal at 1UCll wa1te: and
• (l) Supply nr ~·us• b ba "'-"Plied, wet.or, hot wataf, haal •nd eledriclly to the rent.I unit.
• (cl n,. tandlcnS and lenont...., 119,.. by a -flla-•
writing, aapatala ftam llHI -111re-i. lllat lh•lan..,l la ID patfOrm
~·d ,.polrs, melnlonam:n t.••, ol~lona ot remodl!llhl(I. but Only If!
• (1) 111• pt1'"1:~kfw1;1!1< ID ba pmfonnod by lh• btn...t l•fotlhitprlmory benalllaf lhe-lel urllt: 8<\d
• (2) n,.-"' Is nat necauary la bring a t1G1Cmllpiyh1fl 1'911181 1.111l lnlo campllll'lc» Wfttl • bulllno or llauatno e -. otdlnance or ttle
6
Page 93
47 1D l Landlord obligations
• (3) Adequ•te con•ldo,.Uon, illpmrt from •ny provlalQn ot tno rental 1.gnK1111&nt, or a roclllctlOt'I In th• rvnt le Hchenged fOI'
th• len•nt'• promlH, In no nillnt may the landlord t,..11t 11ny lllQl'ffm•nt undar mi. aun.octton as ;ii condition to any
provl•lon of rtntal ;iignHlfTWHlta; and
• (4) '!lit 1119'1'Mmvnt of tha pert!" I• •nttNd lnlb In good faith •nd la not for tn. purpoae of nadlng '" obllgilltlon Of th•
lillndlonl.
• (d) Evldenc11 of cOITIPll•neo with th• appllceble bulldlng lllld noushig codaa ahaU be prim• faclt t\'ld•nc• that the
landlord hH complied wtth thla chapter or wlCll 111ny otnor ehaptvr of Part DI of thla Utle.
46 [g ] §§ 5308. Essential services; landlord obligationand tenant remedies
• {•I If Ille landlonl •ubstan!Wly f11ll• to provtlle hot-'· Mat. w•r ar •!.c!licllY ID e t•n•n~ or flllla to n.nedy any ~•mdhlQfl 'Mlleh
mat.,,any d.pllvn a tenant d a Hbwtanll&I part Of Iha beftflflt of th• t.inanl'• bll!ll.in In Ylolallon fll lhe rental -""'nl; or In
vl<llatian af a pruvt1li:>n i;if thl1 Coae: or In ~lolaUan of an -•ol>la hou.11111 coda and aueh fan .... 1:ontinuu for 4e houra ormore,
after the...., ..... fjw- Iha landlonl aelu111 or wrlttM notice flt th• fallu ..., Iha ttnant m11y:
• {11 Upon wrtti.n llQtlce of th• oonllnuatlon Of the problem ta Cha t.ndlonl, lmmedlllely ltmllnata Iha n11QI agr. .m•nt; or
• C21 Urx>n writtwi notice to Ille landl!M'd, ""P twn-thlnl$ l19r dl•m f9nl accruing during any partod wt..n hot water, heal, wet.or,
eltctli<:lty or eqlllvalent aub1t1tut1 hautlngl• nl>I 1uppll9CI. The landlord may avoid this llllbllty l>y • •how1nu d lnlpoatlbllly of
119rlormance.
491 o I Essential services
• (b) If the tenant hais given the notice required under subsection (a) of this section ;ind remains in the
rental unit and the landlord still falls to provide water, hot water, h.at and electricity to the rental
unit as specified In the applicable city or comty housing code In violation of the rental agreement,
the tenant may:
• (1) UPoft written notice to the landlord, Immediately tennlnate Che 1'9ntal agl'ffment: or
so l_gj §§ 5308. Essential services; landlord obligationand tenant remedies cont...
• 121 UPon notice to lh• landlard, P""'""' ..,.1valent •u-lute hoUlll'IQ Jot H '°"'II .. heat. w-r, hot w•I« Of tltctl1cHv la not
1uppll6d. during which time the f9nl 1h11l 111ai. lftd lh& lll'ldklrd sh•ll l>t liable for any addlllollll l!CpHMI lncurrod by th• wnant. \IP
to &I'll llalf of lhll 1,,_.,,t af abllted r.nt. '1'1118 add111cn1I eapenlle sholl nat b1 ~h~rge•ble to the landlord If l1ndlard is •bl• to •hQw
1mpoaelblllty of petfonnan~e; or
• C31 Upon Mitten notle8 lb Iha lllOdkKd, ten1111t may Withhold IW6-llllrde pet dl11111 "'"' ""~rv11111 dunng..,,. period When hot wllor,
heat. wM&r a< equlv1lanl aubotllu1, ho11.in11 I• noteuppUed.
• (cl Rent WllhhOlding .i.,.,.. nQI ar:t a 111 bar to lh& eubaequent feOOVilo'y of~· by 1 tenant If tho• dlmage• •scaod the amount
wtthll&ld.
s1 [gj Rent withholding provisions
• (d) WlleN a landlord R••., ""•""for •lllllfl*Y poaHuloft, clelmtng lhlllt a ""111111 hu ~Uy Wlttlhetd Nt'll or dadur:t•dmonay
lnlm rwnt undel' lhl• •oetlon ond !ha cClllntCI flncll, Ille lenclord thlll 1141 entltf-1 ~ ~ from lhe lenul llitlll!ll' pa•omoloo qf tha
pr&Maea M 111'1 at'llOUnl ul mon'y _ . t to the 11110Unt wningfuly wlhMld C"d4lrnatln") or, If me court - the t.n.rit •~In bad
relll'I, lhl amount af l'Mf18Y 911ual to double the ~t .wotigfullywffllhltld rdout>lt
ci.maoee"}. In Ille evant th• ~DYii awmil
damat•• or douhhl d"'"agn and eourt ;oata exctudlng a1on1.,.• ,..,., then th• court ahall tnue 1111 order rmq11lrlng .uch dlJMUBI
Ot double damag-. IO bl Plld by IM t1nanl to Ille ~~within 10 ~ fnlm the clllle of the eourh. Judg""'nt. If sueh d•mtg• arw
nat jHlld In ai;i;onlane• with 1h1 00Ufl'1 order, till jtldgnwint for i:lilmaliff Clf doubla damag... klflethv with i;ourt coew, •hall become
• judgm•nt fOf" tha imOUnt wllhhtkl, lfUI IUl'lll'IW'J po-.aMton, wtf1outfurther nouce to 1111 tanant,
52 fn·I §§ 5309. Fire and casualty damage; landlord obligation and tenant remedies
• (•)If the ,.nl•I unit or any other property or appul111n1nCtt• nt1:1UllfY to llM anJoymenl tlleraOf anr danwgad Of dntroyed by nre or
CHualty to an od8nt that enjoyment of llltNnlal ul'lll lt tub•landeffr lmpalrmd. and •ui;ll llN or othtr catuelty DGGu,. wlthoi£ l'llull
on the part cf the U...ant, a,;• m1mb11Jof 1ht c.n1nt'• funny, or 1nollltt pa ..on an lhepnimtsH with 11111enenrecOM1an~ lho illln•nl
llli.Y:
o (1J lmmtdtal1ly quit the pramteea ll'ld p romptly n<rllfy tlM lanc11onl, In wrlMg, al the tenant'a etelltkm ID quh within 1 WHk liter
n~aung, lfl Whlcfl ca. . IM ,..1'1161 l!Vro•m•n ahall IWmln•I• H ol' th• dll• or vacating. If 1111 lilnant f•ll•m -lfy th' landkml OI' lht
l•nanre el.ctlon to <iult, 1116 tenon! ohall i. li.tl>le for rant ~cN1111110 UM dal• ol' the l•ndlotd'o ..:tulll knowlodga al Iha ltnllnt'a
vacllllno 1111 rentet unit M hnpoasbility ur fllrthtr IX'WPancy1 or
s3 IQ.1Fire, water and other issues
• (21 If continued occuP11ncy It lllWfUI, v111cato a"¥ put of the p111mleee rvndarad unua.bl1 by fl,. or cnualty, In which
.:Me the ten;iinl'• li•blllty for rvnt •h•ll ba reduced In propc>lllan to tho dlmlnlltlon Of ttl• t.IJlt rentill value of the rvntBI
UR~ .
• (b) If the nrnfill agnttHMnt le terminated, the landlord ehall timely nitum •ny HClll'ltY d1po11t, IJ)tt 0.potlt and pnr-pirld
rant. axcept that to which the landlord la entllled to retain puni11.1nt to lhl• C«le. Accouriuno tor l'lfnt 111 the n11111t of
t.nnlnatlon or apportionment ahall be made aa of Iha ~of the fire or Cllitll~.
S4 IO I §§ 5307. Tenant'• remedies relating to th• nmtal unit; repair and deduction fTOm rent
• l•I If 1h111 lat'ldlatd of a rental unit fella to repelr, maintain flt keep In a aanltaty cot'ldltlon 11111eeaed ~mlae• ot plltfonn Id any olhat
numn.,,. rilqUir&d by etatute, cOde ot -nMce, ot M tttffd It> In the a rental 1Qt'18Mfll'll: end, If at'llt beil'l(I nalflild In wrlUng by Iha
t.1'111nt ta do eo, tile landiMI ~
• C1) Fells ID .........., sudt foHLd within ;Ml dip fftll'll the l'&Cllpt of Ille l'lotlC&: ot
7
Page 94
• (~) Fall• lo lnhl«I• reuonable comdlvit RlllM111,... wMff •pproprllltJ!, lncllldlng, but not Hmlted to, II•• obllllnlng of an ...tinlol• "11119
pttilipedlva ~~"' "1 the corrwc\lol\, wlllllll 10 days frvm lht ~lpt of Ille l\OllCe:
• Th•11 th• l•n1n1 may Imm~•·~•~ door h••• c!on• lfl• nec..1uy - 111 a """'""•Ion•! mU1nw. An.r the ..ark I• d<;I.,., thv 1e1111nt
moy d•duet 1rom Ille Aini I reuonabll sum, nOI txCHdlng $200, or ~·111111" Qf 1 monlh'1 rent. Wlllcllaver i9 les•, for th• 111<pendllurH
by •Ubmltllng to Ille i.MIOnl CXlpiM of thOM 11Kt11j>t1 cov•rl119 at loaot lh• sum d•cluctecl.
55 [OJ Tenant Remedies
• bl In no 1v11nt may • tanant repair or cau.. anything ta bll nipalntd •t ti!• Uindlord'• vxpenae when ~ eon<lltlOn
cOmplalnltd ofwn c1uud by tlle w•nt of duv i:are by Iha t1mant, • m'!Mbtl' of the tenant'• famlly or an11t111r p..-ton on
tilt pnrm1...11 with Iha IJ!narrl'1 conHnL
• (c) A tenant who It otnti'MH dellnqullllt In tha payment of r.nt may not t.ka advantage of~ ~In provided In thla
aactlon.
• (d) The t.tn.int It INiblll for any damage to Ptrson• or pl'Opilrty where much dam•gt WH ~uHd by the tenant or by
110meona authorized by the wnant 111 making aid nipalni.
sG lgj §5302 Tenant Remedy
• e) The tenant may not terminate the rental agreement for a condition caused by the
want of due care by the tenant, a member of tenant's family or any other person on
the premises with the tenant's consent. If a tenant terminates wrongfully, the tenant
shall remain obligated under the rental agreement
57 [ij_J§ 5505. Tenm1t's obligation relating todefective conditions
• (al Any ~~ eondltlOCI Of the pnimhiea which_, to ttlt ttnant's attention, and whleft ~ ttnant hn ntaaon to
bellt11t 11 tn• duty Of the l11ndlord or of anoth•r tnant to ...pair, 1hd be ..poitad In wrtllng Dy th4I tvnant to the landlord
aa 110Qn H It ptaetfcabl9. The tenant ahal be l'ffPOMllblt ror any ff•blllty or Injury ra1ultlng to tllt l;mdlord ... a raault of
t11t ttnant'• hHura to timely Nport •11eh eonCltaon.
• (bl A t•n•nt on whom 11 compl1lnt In ajeccm.nt or lln •dlon 119aln•l tha preml1t1 II Hl'Ylld ah1U lmmedlataly n(ltlf'j ti!•
landlord In wrttlng.
• C) The pravla!Qn• of ttllt Hetlon ahall not apply whar11 ltlt ""ill!Ord hat 11ctual notlc. of the defactlvt condition
58 fg] §5514...
• •) 1'IHo P•'l'O .. Of lht ffCUlllV de~ll ohall ba:
-V
- C1) T& rotm"-t Ill• llMIOl'CI for t~uol d•llWGH aauaod to the pramf•ff lilt ltnlilll wltfoh o•c•od na.,...l w.u and *Nr, or Wlllch Ctnnol be
comaa.d by palnUnt •nd ortUM""1cl••nin•t1n4lor
- (1) To pay lhl landklnl kit l~ _,,..,.._.duo wndot the rantAI
•IJ.ndoNMnt Df thtl rwntll •grMment •y '" ..n&... li ~nd/or
•-nt. lfti:l~dlnQ t• "'""'"" and """''du•'"',,_.,..,.,.lt...,....fion <>r
- (3) To ralmburH th• i.111110111 ror •11 NHOllillbM *"fl*n- ln•urnd In ..""..una Ind rtNnlk\O Ille p1Wmi•H OOUHd by"" P"lllllUN l•l'llth\llliOrl
af th• rontAI •l'"llllnUy tho l•nonta, ""lah lneludu l•nnln•~n Pli"•.,,l lo§ 5314 al thl1111111. prDvldlfti th.ol -b•"""'""' oau1ed by
""""'"'"- purouant lot HU tlf W. "'l;o -..u not ,_,,d, monlft'• nn<.
sg iul For abandonment: §5507 ...
-- • (d) II lhe len ..nl wro1111111ny quill 1111 l't!lntalunll and u.,.qutyOQlly lndlc1tee by wOrdtl or de..i. Iii• wn•nr1 Intention not ID r11oume
tenoncy, such ·~tk>n b~ Ila len1nl •ll•tt entillelhe lendlonl ta Pf"';e9d ae epec1nec1 elaawhero In this ~h;!111er Mel ttle tenant,.. .. , bo
hble fOf tht 1-er of the follow1nf1 lot audl •bandonmelll:
• (1) Tile •ntlre renl-flor'!lllNmel11derDflh• mnn ..nd tl<P9n•1 for actual da11111gos cous91lb~ tt..1 ten•nl (otllftrthall norm.lwmr
and 1o..r~ which arv Incurred In prepll'l"il the rental imlt 1or •MW l•Mnt: 61'
• (2J All r.nl a.c ciued cturtng the period rv-bly nec. .ury to rt.l'*nl tho pnnnlau • • ttlr rental; plu1 Ille dlfo...,nca ~ 8'1cll
111r renlll end me Nnt agreed lo In Uut prior nlfll..l 191"ff1111nt: ptue .,.,,... ... lnclmM 1o ~nl; rwp111r d•l!'llO• ~•u•Dd by th• 111n~n1
(b&yond nonnal WHr 1nd teat); plH • rvaollllbl9 c:ommlaelon, II Mtu,...d by th• lmdlord for 1111 rwenung Of thtt prvmlllw. In 1ny
event. 1111 1111donl h,.. • dufy to mH1111t1 de!MgH
Go IT:ll § 5513. Landlord remedes relating to breach ofrules and covenants
• (a) II Iha tlllnant brat<:hin •nY Nie ~ coven•nl wlllch hi matorilll lo the rori•-4 ~51•nment, U.. landlotd aholl nalfy the ••ruilll l;lf IUCh
bnt•ch In writing, .lll1d •h"M alloW 11 IHel 7 daye al'ltt e...:11 nolloa far ranady ar corncHon of lllft bteach. lhia soofion sholl fl<ll •Pt>IY
to lahi paymant of ront wtol~'1 ho cov.rvcl undtr§ U02 or thla UUll.
• (1) Suell llatk:e shall •ub.ton•l•Nr 1pec:lly fl• rul• dlflldlY lirelehed and advlsa th• t.n.,t U...1, If 1119 vlolaton eont~.,.. - 7
da", 111' landl"'rd may i.rmlnete lht rtnlllagrtlt'llttlt tlld bring an action larMtmrnary poHeMIOfl, SUCh ll~lica •h•l •o mt.a lhat
it le given ,,..,,....,,to lhl• ••:don, ind II !ht ttnanl comml~ a 1ub1111nUtlly alr'llllar breach wllhht 1 pu, th• 1ana1on1 may 111~ upon
eueh nottc• ae gt0unds lor lnllJOllng an action far summary paHMllOfl.
61 fOl
• The IHu<11nce of a notice pYrsuant to this section does not BStabllsh that the lnltl111I bre,ch of the
rental agreement actually occurred for pulJJOHB of this Hctlon.
• (2) If~ wnint'g breach can be remedied by the landlord, 11s by cleaning, repairing, repl111clng ;11
damaged item or the like, the landlord may so remedy the tanant'a breach ;1nd bill Ute ~nant for the
actual and reasonabl11 cD11t& or such remedy. Such bllllng shall be due and payable as additional
rent, Immediately upon receipt.
&2 lo J§ 5513. Landlord remedies relating to breach of rules and covenants cont...
8
Page 95
• l:J) IF en•
temurt'• bnt11ch of a rule or QOYtn•nt ar.o conetltute• • nwt11r1a1 brHch Of an obllgatlon Imposed upon ttnantt
l>Y • m11nldp;il, county or •Ute code, ol'dl111nc• ot at.lute, the landlord m•y t•rmlmita th• rental agreement fnel bl'lng an
.ctlon f()f' summary poHaHlon.
• (bl Whan a braach by 1 ttnant cauHt or thraatan• to e•llH lrrtpatabla henn to any pe,.on or ptoparty, or the tenM1t la
convicted of a els" A, ml1111.,,.anor or felony duitng tht ttrm Of tht tan11ncy which cauHO or ttll'Hltl19d to c.ouse
lmip• ..b'- h•nn to any pw.on or property, ttt. l•ndlord may, without notice, romedy "" IU'HCh and bnl the tenant••
provlOtd In 1ubs11ctlon (a) of thla •eGtlon; lmmtdlataly hlrmlnate Iha rant.JI •greement upon notice to the tenant •nd
bl'lrlg an action for aumm•ry pot11ulor1; ot do bath.
63 igj PLEASE NOTE ..•.
t THIS IS AN EXCEPTIONAl.LY IMPORTANT PART OF THE CODE, THIS IS THE ONL.Y IECTIOH WHERE YOU 00 NOT
NEED TO GIVE THE TENANT AN OPPORTUNITY TO CURE.
• THERE DOES NOT NEED TO BE AN ARREST (AlTHOUGH THAT WtL.L. ALWAYS HEl,P) YOU SIMPL.Y HAVE TO PROVE
THE CONDUCT OR FAILURE TO ACT CAUSED Oft lliEA.TENED TO CAUSE THI! HARM.
• REMEMBER TO LOOK FOR OTHEI\ CODE VIOLATIONS LIKE HOUSING CODE&, OR LOCAL ORDINANCES.
64 l_g I YOUR CHOICES:
• C) Upon notice to tenant, the landlord may bring an action or proceeding for waste or
for breach of contract tor damagvs suffered by the tenant's willful or negligent failure
to comply with tenant's responsl blllties under the preceding tection. The Ian dlord
may request a forthwith summons.
65 (E.ij 9. Terminating a Rental Agreement GENERAL RULES AND EXCEPTIONS
• To *"'1ntti9 a ... ~ mgrHmant written notice It rtqUll'ff by both parllae. If Iha landlord lnt.nd• to nat ranaw or
ttrmlnatt at tM Hplratlon then th• landlord muat gl'll* th• tenant written notice, 10 day• Ill lldvancm of th• axpl~on of
tM yealty cont..ct. If the ranral •greement II monthly, then the landlord mutt gin th• tanant 60 d•y• notlet 111 wntlng,
and th.t notice •tll'UI to run on th• flm day of the fnllowtng mont.,,
• If Iha tenant lnwnel• to ttrmlnllla, the same gent"'I rui. applltt. Tha tenant muat give the ltlndlotd SO dily• written
notl~t. A tenant mav illao glva the landlord a ttmiin•tlon notlc• at laaat "& day• prior to tl'lt elttdlve data on a renewal
wttl'I modlflcalil;ln•.
66 IDI CHANGES TO CODE SINCE OUR LAST SEMINARlllllll
• There have been significant changes to the section which allows a tenant to
terminate w!tJl
30 days notice.
61 ID I § 5314. Tenant's right to early termination
.. . •I EJCGtpt 11 It ottt.rwllle provided In thl• P•rt, WMMVtr tlthar party to a nint.JI ,91".,,.nl 110htfully lllacta to tennl1141te,
th11 dutiea of each party under tht rental agreement ah.all ca1111e and aH PtrtlH ahall thereupon dlacharga •nll remalnlnCJ
oblltatlon• H aoon H la Pl'lotlcllllt.
• (bl Upon :ID daya'Mittan notice, which 30. . V PtrlOd than b•gln on tha 1atday oftht month following the day or •ctu•t
noli<:•, th• t.nancv may be htnnlnmted:
- 111 By 11'1• tana"t. ..,..Wlft•r" c:hanga In locauon ont•• "'"""l's empluyRMnt with the ten1nt'a
11i...n11e in the locatlari <>f !IN l4mant'a ,.. ldtno in •~GOH of 30 mllu ;
fl"**""' •"'!'bY•r r.ciulrH a
68 fg] EARLV TENANT TERMINATION
- (2) By the tenant, whenever the HrlOUI Illness of the tenant or the death or serious illnes9 of a
member afthe tenanrs lmmedt.w t.mlty, residing thtiirein, requires a change In the lo~on of
the tenanra rvsldence on a pennanent basis:
- (3) By the tenant, when thtl lllnant ts ~eeepted for admission to a Hnlor clttzens' housing facility,
Including subsidized publlc or prlvale housing, or a group or coope...ttve llvlng faclllty or
nttirement home;
69 IQ) § 5314, Tenant's right to early termination cont ..
- 141 8y th• tenant. W111n the tenant le ice~ Jof adMhilalan intn • ..rr1.1 unit .ubaldlzed by • govemmen111 entity DI' by 111 priwl•
11Qnprom corpor•llon, lllcludln9 eul!eldized pit••I• or public hou•lng;
- 1$) Gy th• tenant Wl'lo, 111« Ille •~•cutlon or au.:h 11111!.ol ·~...,.nt, •nhlrs 111<1 mllltary IHfVlce of 11'1• Unll&d Stale& on actl..
duty;
- Ill ly • 19nan1 who 111111 ylqttm o( d!!ma•UG 1byt11 vxull oft!ftttL !l!!!!!!!!o 6' • !!nmh•ho h!I obl!dntdor !1 tnklnq 1101!
1nHJ1 d91Dtttlc vlollDCI Qf abMff ftqm IDY GQUd pplp IAtflC)f. tJt dlH'n6*tJG violenctt proa~m or Hryk:tt GC
• fYI By the aurvMng 1pouae or paraCIMI Npteltnllllllt Of the Hlata Of the ttlnilln~ upon ltit .,.....,, d the 1-nt
70 !QI More on Early Terminations
• Paragraph (6) Is the paragraph that wlll be new to many of you. This section was
9
Page 96
changed and now allows a new category of individuals to terminate their rental
agreement early.
•To understand this section you must understand that definitions that govern this
section. They not only define the words they al90 Impose duties upon parties by the
language used.
71 Lo I § 5141. Definitions
• '1110 foH-1119 wordli, i..ma •nd phn•H•, 'When ueecl In lhl• Pert, 1h.otl ....,, lhtme•nlnga UCl'llMld to Uti11'n In It.I• •~tlon, •~~1111
whel'I Iha conto.1tl c~y lndk•C.• • dttt.rwnl meaning! ....
• (B) .Dorn6811C abuoe" llhall nMen •nY act ar thre1l 1pl11et a vidm Df dQ!n.511<: M>uH or v101enco lhal elltior c;on..1"1•5 • crltM under
Dol1w1tt law or any oci or th..11 Ur•t '10fl..itutM domelltlc vlolMH:• or dnnw•ll~ llluH u d1nnea 111ywr..re In 11• Delowar<1 CQd•,
Pomtl!!G @MIO Ul'I bt verified by an of!ld1! documtPI· tl!Sb H •court order. or by 1 !!1!1b!1 thlUI p1rty !>!Of...lonal. lnc!vslnq 1
~tl!ltl\lM!!llty or cfflc•r 1 lfomn!lc ylo!tnct or dpmtt!fc alkaaa aorvlc• 1ITT1vld1C or h11llh cart ,OfOYidef'. It It Jhe mn..s!c
YIO!tru:t or •bljlt vteilm'a reop>nolbll!ty to !!!!!vldt !ht 111!11l!o •llttment fl'tlm the rd.obit !h!nl Piety,
n l.g I How it is defined
• (26) The terms "sexual offens11s" and "stalking" shall here have the same me;tnlngs as in Title 11.
Stl\Ual offenses and sbllklng can be verified by an official document, gych as a court order. or bv a
reliable third party profeislonal. Including a law enforcomont aaencv or officer. a sexual auault
service proVfder. or health care provider. It !1 th& sexual assault or stalking victlm's reso<>nslbillt)' tQ
provide the reliable statement from the reliable third eartv.
73 fCl] Protection for domestic abuse
• We just discussed ace eptablu ruasons for early termination, now we will discuss a
setles of new rights created by the code.
•New affinnativu rights for certain tenants.
• The nell;t section oft he code creates new right for tenants that will prevent you as a
landlord from taking certain actions.
• You must be aware of the limitations or you could tisk significant penalties.
741 U I § 5318. Protection for victims of domestic abuse, sexual offenses and/or stalking
• l•I A l1ncllord ~ not pu .. u1 any •ctlon for 1ummlt'y po1HHlon, demand 1ny lnere.1 .. In rent, d•CllJ4H 1ny Htvlcn,
or atharwlH c.a u-. 1ny 11tn1nt 10 quit a r1111tal unit where •.id ttnant It a vk:tlm of domestic ab••· Hii:ual vffilnH•, or
stalking, llJtd where Hid ttn1nt hU obtained or hn aought ntlttanct ror domHtic abuae, •e•11•• ott.nsH, or .ulklng
from •ny eourt. pollC., nladk:al emargoncy, domttlk: vloltnco, w Hxual off&nue PfOijrem OI' urvtca.
• (bl If tilt tttltnt provv1 that the lllndlold lnttltuttd any oftha action• praltlblted by lllbHCtlon (•) ofthl• aectlon, 1bov•,
within 90 dayt1 of any Incident In which tilt t.nant wu • victim of domeldc 111Use, ••ii:ual olfe...," incl/or 1talkln9, H
•hall be • rebut tabit prHumptlon that ad lldion la In violation Of 1uboc:llon (•)of thl• •~on, lbOft,
• fc) A landlord may .. but the p""umptlon that Iha pmhlbltad action It In vtotatlon Of •ubeactlon (a) of thlt H~on,
above, If:
- (1) Tho lf.ll(llorcl It HOklng to rvcov.,. pDllHttlon of tilt 1'91'1bl unit on the 1>aai. of'" •PPfOPriate nollce to tannln8'o
~II WH lllv-.i to th9 tenant prtor to the lneldtnt of dome1tlc abuH, aexual off•na••, or tt.llklng;
~ (2) The l1111dlord tHkl In 9ood filllh lo nocover "'"'"ulon of th• rtntal unit for lmm&dlM9 UH H th• landlOnl'• own
raldenee;
- (3) The landlord seek& in good faith to recover possession of the rental unit for the
purpose of substantially altering, remodeling or demolishing the premises;
- (4) The landlord seeks in good faith to recover possession of ttu,, rental unit for the
purpose of immediately terminating, for at least 6 months, use of the premises as a
rental unit;
77 [Q] § 6316. Protection for victims of domestic abuse, sexual offense& and/or stalking cont.
• ISi 'i'ii• .-10n1 ha& In 9DCM1 f11tll convaclld llo Ml Ille pnil*l'f and tt\e cot11nd6f aaJe coctlelne a rap•aael'llltlot1 ftM"o Iha
pu~hUlll' connrmlng hi• or hll' Intent 10UH111• prcperty In con111t1ncy with panigrapha (Zt.13) or (4) of 11111 1 .. baocllon;
_ fB) Tll6 landl6td h•a IMICDmt llabla for o aubaunU1l l11erHH In property llXH or a 1ubelailflal lnCl'6He ~ other mai...U.nmnto• er
Of*'allng ccillo. 1nd tucb lliblllly DCCUrred not I•• lllan 4 lllCICllha prtor to the dtmllld for tM Inc,._ Ill rent. •lld lho lnctMH
11'1 1'611t dtlH Ml. li<Cted the prlM'8la po- Of !M Mt lncl'OUO In 11•1 04' coal:
_ (7) TI\tl i.tldlOt'd hH coinpleled a oubtltlltltl capita! lmptoritllollt Of Iha tenlll unH e.r the pr0porly !If which it I• •part, nat less
10
Page 97
th•n •month a prior lo Ille dl!lm.,d J;ir lnc .. ned Nnl, •nd •Uch llll:nlll•• In ..nt doH nal excead lfto • ...,..,.,.which 11111y be
d•med for r•dal'lll lncame '*"
pyrpo1.s .,. a atralght~lno dtptKtallon Qf lh• Improvement, pro.ralDd •mi;in11 lll1 rvntal unite
b1neflti.d by Ille lmptovi!lm"'1t;
78 [Ei I New limitations on tenant relations
- (BJ Tllo landlord """ •1tllbU1h, by compeMlll evldt!in~, th11t th1 Nnt now d111111nd«I af Illa tanant ..,., not 111~ lhe rent
cnerged othe1tmnant•af1lmll•r Nntal unlk 111 Iha Hr'n• oampl.,;;
- (II The landlord o;an •1lllllU1n, DY competent evld11n~•. thmt th• dQm..tlc abuae, eeaual ••sault •ndlor 1i.lklng conelltulbe a
vlabla and substmntlal 11.ii of .enoua phyalcilll Injury ID• tmrwnl who currently realdae in another unit at the ..me multl-vnll
bUlldlllg H Iha dDmll""k; vlol9nc., MJlUal IBHUll 01 etalking vlc\lm: or
- (10J The landlord, llfter IMlng ,,1van Mllca of lhtl .....,n\'1 vlc•mtzallon perf 6141(1J 01(28) of tlil• 1tt11, d11c:anllnuea thoal!I
action• prohlbli.;l by 111ba1d1on (eJ of thla aactlon, •bav•.
79 J LJ I Your strongest defense
•(d) A tenant who is otherwise delinquent in the payment of
rent may not take advantage of the protection provided in
this section.
so IPI Trouble areas
I want to shift to specific areas of concern and then answer some more questions from the
audience.
There are two specific areas I want to address:
Your form SO's and Court of Common Pleas appeals.
!
s1 DJ Recent updates you should be aware of BEFORE you go to Court
s2 lc:Jl Court of Common Pleas Appeals
• Du& lo ~ senes Of ,.i::41nt decisions In tile
Court of Common Pi4;1$, you mU31 be carel1.JI Whal you ask fer wh1;111 you 8PP8EI" for 11181.
11
Page 98
This certificate certifies that
Roy Sudler. Jr.
has participated in The Tenant Landlord Code Review on July 24, 2012
at PolyTech Adult Education Center in Woodside, DE
with instructor Michael Morton, P.A.
~
I Training sponsored by DE NAHRO
"'-:l.-d <a-:~-·--==
Pam Ferguson, DE NAHRO President
Page 99
I t"
I •
In House Ministric
I 'I For Jesus Christ
No Limils, No Boundaries, Nothing But Increase
'ORDER OF SERVICE
~~==.!g w~i-p::::::::w:=·)
Sunday Evening Oellverance .....8:00PM
Pra,..,.
ThUl9. Nigh- Sludy... . 7:30PM
Friday Joy Night . . , ......7:00PM
Fot.ndlr&P91b"adtrOIWT~ ~Dr.llonnl9llgeilcMo
A~laToruTuchf -~~-
302-430-3300
' )
• .,., <4'
. ••
Page 104
C.AR__
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