Why Should Delaware Care?
Delaware law allows tenants to withhold rent from landlords if essential repairs and maintenance are not provided. But the process can be difficult for renters who may lack the knowledge or resources to follow the proper legal steps. A recent Wilmington proposal aimed at helping renters to better access this protection was recently blocked.
Last week, Wilmington Mayor John Carney announced he would veto a bill to establish a city-run escrow account for renters to deposit payments they had withheld from landlords.
Now, Councilmembers Christian Willauer, Shané Darby, and Coby Owens — all co-sponsors of the proposal — say that they want to override the veto.
“City Council has the numbers and power to override him,” Darby wrote in a statement to Spotlight Delaware.
The council would need at least nine votes to do so.
The ordinance, introduced in April and passed earlier this month, would have given tenants an account that could hold their rent if a landlord failed to provide basic amenities, such as hot water, heat or electricity.
Under Delaware Law, tenants can already withhold two-thirds of their daily rent if their landlord does not provide those vital items.
The sponsor of the ordinance, Councilwoman Yolanda McCoy, did not respond to a request for comment. But, she has previously said the program would give tenants a secure space to withhold rent, while also offering landlords verifiable proof that money is being safely held.
McCoy introduced a similar measure in 2023, which passed city council but was vetoed by then-Mayor Mike Purzycki.
In his veto, Carney said in a letter to city council members on Friday that the city doesn’t have the money to implement a tenant escrow program to collect withheld rents.
He also said the measure may conflict with state law and expose Wilmington to “unintended legal consequences.”
If passed, the program would have been run by the city’s Department of Licensing and Inspections, requiring additional staffing and improved software, at an expense of over $300,000, according to the legislation.
In his letter, Carney also noted that he supports the intent of the ordinance, but urged council members to rework it.
“As written, the ordinance is too broad, too costly, and too vulnerable to error,” Carney wrote in his Oct. 17 letter.
The move marked the first time as mayor that Carney exercised his authority to veto legislation.
Reactions from around the city
In response, Willauer called Carney’s actions disappointing, and said his office should have mentioned concerns about legal liability sooner. She said all legislation considered by the City Council is also reviewed by the city’s law department.
“I don’t understand why this concern wouldn’t have been brought up as part of that process,” she said.
Owens told Spotlight Delaware he would be open to amending the legislation in collaboration with the mayor’s office after the override.
Carney spokesperson Caroline Klinger said she could not speak to the question of how the city’s legal department could draft an ordinance that contains legally ambiguous language, but, she said, Carney’s office has raised concerns about legal liability ever since discussions around the ordinance began.
Councilman James Spadola was lone member who voted against the ordinance earlier this month.
In a public statement issued on Monday, Spadola echoed Carney’s concerns, stating that such a program should not be facilitated by the city, but instead by a statewide housing nonprofit.
Also in response to the veto, housing advocate Shyanne Miller said many renters don’t have a bank account and lack knowledge of the legal process for withholding their rent.
“There’s absolutely no reason why the city should not already be facilitating this process,” she said.
Miller added that the measure would also help the city’s Department of Licensing and Inspections keep rental properties up to city code in cases where a tenant reports an issue that doesn’t meet the legal standard for withholding rent, but still violates city housing regulations.
