Supreme Court of Delaware

Bay City, Inc., a Delaware Corporation, Defendant Below, Appellant v. Lucille Williams, Plaintiff Below, Appellee

June 1, 20102010 Del. LEXIS 250

Summary

The Supreme Court of Delaware affirmed the judgment invalidating Bay City's requirement that a mobile home bear a HUD seal before it could remain in the park following a transfer. Although landlords may base transfer restrictions on the federal HUD Code, the court held that the seal requirement arbitrarily restricted transfers and impermissibly operated as an age restriction because the seal provided no continuing assurance of safety and was unavailable for homes manufactured before June 1976.