Statement on Mayor Carney’s Veto

by James Spadola

October 20, 2025

Morning everyone,

This past Friday, Council received this letter from Mayor Carney vetoing a tenant escrow ordinance which passed Council 10-1. I support the veto and was the only “No” vote against the ordinance at the meeting.

My concern was the same then as it is now: the City is not in a position to run this program responsibly or legally. While we all agree on the goal of protecting tenants, the City cannot do it in a way that conflicts with state law or exposes renters to confusion and liability. Under Delaware law, specifically Title 25, Section 5308, tenants already have the right to withhold rent when a landlord fails to provide essential services such as heat, hot water, water, or electricity. That process is handled through the Justice of the Peace Court, which has exclusive jurisdiction over rent and possession matters under Sections 5701 and 5702.

The City’s ordinance went far beyond that. It would have allowed tenants to withhold rent for nearly any unresolved repair or maintenance issue and deposit that rent with the City, effectively requiring the City to act as a bank. That creates a direct conflict with state law, which limits rent withholding to specific situations and routes it through the courts, not municipalities. If a tenant followed this City process, they could still face eviction because a landlord could argue the rent was never legally paid.

The ordinance also came with a fiscal note of more than $300,000. In light of the recent reassessment and the rise in many residents’ property taxes, it is clear Wilmington residents have had enough of higher costs. This Council needs to be careful about adding new spending, especially for a program the City is not equipped to manage or that may not comply with state law.

As I said during the meeting, a better way for the state to handle an escrow program would be to amend state law and authorize qualified housing nonprofits to manage and run it statewide.

Thank you,
James Spadola
City Council At-Large
www.jamesspadola.com