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5602. Right to legal representation.
(a) (1) a. Except as provided under paragraph (a)(2) of this section, a tenant has the right to legal representation as provided under this chapter if the tenant’s household income over the immediately preceding 12 months is not greater than 200% of the federal poverty guidelines, as established and updated periodically by the United States Department of Health and Human Services.
b. For the purpose of determining household income, a cosignor of a rental agreement and all members of the cosignor’s family who reside with the cosignor are included in the household income calculation if the tenant is a full-time student, as designated by the institution in which the tenant is enrolled.
(2) A tenant is not eligible to receive legal representation from a designated organization if any of the following apply:
a. The tenant’s landlord has an ownership interest in 3 or fewer rental units and is not represented by an attorney or an agent authorized by a rule of the Delaware Supreme Court.
b. A designated organization determines that there is a conflict of interest.
c. A designated organization declines representation for 1 or more of the following reasons:
1. A tenant does not comply with the application or representation process.
2. Rules of professional conduct warrant withdrawal.
3. An attorney deems the tenant’s defense or appeal to lack merit.
d. Other circumstances exist which make legal representation infeasible to render.
(b) A covered individual is entitled to receive legal representation from a designated organization in a covered proceeding and as soon as practicable after any of the following:
(1) A landlord provides a notice to the tenant as follows:
a. Under § 5502 of this title that rent is past due.