(14) “Rental unit constructed before” a given date means a rental unit for which a construction permit was obtained before that date. If no permit was obtained, it means that construction of the rental unit was started before that date.
(15) “Significant economic burden” means the required expenditure would materially affect the landlord’s ability to maintain or operate the rental property. The Department must take the following factors into consideration when determining if an expenditure is a significant economic burden to the landlord:
a. The total costs associated with lead abatement and remediation, including alternative housing.
b. The overall financial resources of the landlord, including rental income, reserves, other sources of income, and financial obligations.
c. The risk to tenant health and safety if the expenditure is delayed.
(16) “Small property owner” means a person who own or controls 19 or fewer rental units.85 Del. Laws, c. 98,
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