A bill that would make legal representation in eviction proceedings a right for low-income Delawareans is one step closer to passage.

The newest version of the bill, a substitute for Senate Bill 101, was approved by the House Housing and Community Affairs Committee, with four of the committee's 11 members voting it favorable and two others on its merits. None voted the bill unfavorable, and it's now awaiting a full House vote.

"Eviction proceedings, where landlords are usually represented and renters are not, reveal a massive imbalance of power," said Dan Atkins, executive director of Community Legal Aid Society Inc. "That imbalance frustrates the very purpose of our court system—the pursuit of justice. The practical implications are profound—too many evictions, families displaced and communities destabilized."

The bill has two prongs that would go into effect if the House passes it, it makes its way back through the Senate and is then approved by Gov. John Carney.

First, it would give renters in Delaware whose income falls below 200% of the federal poverty line the right to legal representation during eviction proceedings, tasking the Attorney General's Office with contracting attorneys for that purpose through legal services organizations.

Landlords would be required to notify tenants of that right at set points and wouldn't be permitted to start or continue eviction proceedings if the tenant doesn't owe more than one month of rent or $500, or if the landlord accepts all back rent once the tenant pays it.

Second, the bill proposes creating a mediation program to avoid eviction and related legal proceedings all together when possible and would institute mandatory referral to the Delaware Housing Assistance Program. Under the current version, that program would help resolve issues tenants have once their landlord files for eviction, and it would be modeled after the state's mortgage foreclosure mediation program already in place.

The bill is sponsored by Sen. Bryan Townsend, D-Newark; Sen. Marie Pinkney, D-New Castle; Rep. Melissa Minor-Brown, D-New Castle; Rep. Kendra Johnson, D-Bear; and Rep. Larry Lambert, D-Claymont.

The current version of the bill is the Senate's substitute version for the original SB 101 and was adopted in June by a 13-7-1 vote. It offers several clarifications on the original version and stipulates that if the Supreme Court amends its rules to allow it, legal representation in these matters could include nonattorneys.

The key committee vote was taken March 23.

"Representatives in the House Housing Committee took an important step toward leveling the playing field between renters and landlords today," said Javonne Rich, policy and advocacy director at the American Civil Liberties Union of Delaware, after the committee vote. "We applaud the vote in support of right to representation today, and ask all members of the House to stand up for renters by voting 'yes' on SS1 for SB 101 when it comes up for a full floor vote."