Student Housing Agreement

General

Residence in University of Delaware ("University") housing brings with it certain legal obligations and responsibilities. This document, together with the Student Guide to University Policies and all regulations, policies and procedures published by Housing Assignment Services, the Office of Residence Life and Facilities, constitute the agreement (the "Agreement") between you (the "Student") and the University. By your submission of this Agreement to the University, you are accepting and agreeing to comply with the terms and conditions of the Agreement. Submission of this Agreement electronically via the University's Web page shall have the same legal force and effect as submission by mail or in person. The Agreement, including other material incorporated by link or reference, is subject to change as deemed necessary by the University without prior notice.

Personal Responsbility & Insurance

The University cannot and does not assume responsibility for personal accident, injury, or illness to residents, guests or visitors, or for damage, theft, or loss of personal property, and the Student hereby releases the University, its officers, agents, and employees from any liability on account of any accident, injury, illness, property damage, theft, or loss not caused by the University's gross negligence or intentional act or omission. The University of Delaware does not reimburse students or parents for damaged, lost, or stolen personal property. Students are encouraged to protect themselves from loss by purchasing appropriate insurance. In that regard, you should review any homeowner's policy that you or your family might have to determine whether the contents of your University room are already covered or could be covered with a relatively inexpensive policy rider. When you consider this insurance protection, keep in mind the replacement cost of such items as computer, jewelry, television, VCR, DVD Player, musical instruments, stereo and other electronics, books, calculators, clothes and shoes, and sports equipment.

University's Duty to Provide Habitable Residence

The University cannot guarantee against temporary failures of utility systems or defects caused by ordinary wear and tear. Instead, the University's duty is limited to the exercise of best efforts to provide clean, safe lodging for students with utilities in good working order. Every effort will be made to complete maintenance in a timely manner.

Credits or rebates of housing charges are not given to students when maintenance or pest control is being done to the student rooms, suites, or apartments. Students may be moved to available vacancies in on-campus housing either on a temporary basis or permanent basis. Students who are reassigned on a permanent basis are required to pay the cost of the assigned space.

University custodial staff is responsible for cleaning community bathrooms in traditional residence halls. Students residing in suite housing or apartments are responsible for maintaining their own bathroom areas.

For information regarding damage to personal property, refer to the Facilities website.

Student Status

Students may reside in University housing if they are properly registered and in good academic, financial, and disciplinary standing with the University. Single full-time undergraduate students must be registered for at least 12 hours of academic credit in the spring or fall semester. Single incoming freshmen students are required to live in University housing or at home with parents or guardians. Requests for exceptions may be made to Housing Assignment Services.

Students assigned to on-campus housing must be enrolled in classes on the Newark campus. Students enrolled in the Associate Degree program may reside in on-campus housing for Winter session only if they are enrolled in a credit course on the Newark campus. Students are expected to maintain an overall average of C (2.0 grade point index), and full-time students must enroll in at least 12 credits per semester. Matriculated students who are enrolled for fewer than twelve credit hours may reside on campus with permission of Housing Assignment Services. Permission will be given for one semester only. A reduction below twelve credit hours is not considered a reason for release from the Academic Year Student Housing Agreement.

Students are expected to abide by all student policies and procedures. Students' conduct records will be reviewed prior to permission being granted to students who are enrolled for fewer than twelve credit hours or Continuing Education students (see below). Any violation of the Code of Conduct will result in the immediate removal of the student from on-campus housing.

Students are required to inform Housing Assignment Services if their student status changes.

Only same gender students will be assigned to the same room, suite, or apartment.

Note to Continuing Education Students: Continuing Education students who were matriculated and then are academically dismissed may live in a residence hall, space permitting, if they are registered for courses (at least six credit hours) and have 20 deficit points or fewer. Permission to live in the residence halls is given to Continuing Education students for one semester only. Students may be granted an extension to live in the residence halls for additional semesters only if they reduce their deficit points each semester or are readmitted as matriculated students.

Term of the Agreement

The Agreement becomes effective on the Binding Date. As of that date, the Student becomes fully liable for payment of the established rates for assigned housing, which payment must occur by the Published Payment Deadlines. Students are required to pay the full cost of the assigned room or apartment whether or not it is the type of housing requested. The Agreement shall remain in full force and effect for the remainder of the academic year unless the Student is released from the Agreement by the University.

Calendar

The opening and closing dates and relevant residence check-in dates for the residence halls and the Christiana Towers Apartments shall be as set forth in the Academic Calendar and the Housing Assignment Services Calendar. All academic-year residence halls, except Independence Complex, Smyth Hall, and the Christiana Towers Apartments, are closed to occupants during academic-year recess periods (Thanksgiving, December break, and Spring break). Students who choose to remain in their Independence Complex, Smyth Hall, or Christiana Towers room during any or all of the recess periods must follow posted registration procedures. Residents of Independence Complex who stay in their rooms during a recess period will be charged the published rate for the entire recess period. The cost of the Christiana Towers Apartments during the recess periods is included in the Christiana room rate. The dining plan may not be offered during break or recess periods.

Cancellation Policy

Submission of the Agreement establishes a legal relationship between the Student and the University for the provision of housing during the academic year. Students are not committed to the Student Housing Agreement until notification of guaranteed housing is sent, which may be made with or without a specific assignment. Cancellations that occur prior to the Binding Date of the Agreement are considered cancellations of the Housing Application. To cancel a Housing Application, the Student must submit a written cancellation request to Housing Assignment Services. Any applicable refunds will appear as a credit to the Student's account.

Cancellation requests received by the cancellation deadline for each semester or session will result in a partial refund of $100, in accordance with the table below:

Application for

Deadline (Incoming Students)

Deadline (Returning Students)

Fall Semester

May 31

April 15

Winter Session*

December 20

December 20

Winter Session & Spring Semester

December 20

December 20

Spring Semester

December 20

December 20

Summer Session*

May 31

May 31


*   No deposit is required for Winter and Summer Sessions, so no refund will be offered.

Note to Returning Students: Students who have applied for housing for the next year and have been placed on a waiting list can cancel their Application, and receive a $100 partial refund, up until May 31 or notification of assignment, whichever comes first. Students will be obligated to the Agreement as of June 1.

Note to Late Applicants: Students who applied after the Application deadline and who are not guaranteed housing may cancel their Application within seven working days of the date guaranteed housing is offered and receive a full deposit refund. After the seven-day limit, the Student Housing Agreement will become binding.

Instead of canceling the Housing Application, the Student may ask to have the Application and deposit deferred from the Fall Semester to the Spring Semester. A specific assignment is not deferred and an assignment cannot be guaranteed for Spring Semester. Deferred applications which are later canceled will result in a forfeiture of the entire application deposit. If the application remains active as of December 20, the Student will be bound by the terms of the Student Housing Agreement. Housing deposits cannot be deferred from one academic year to the next.

Students who cancel their Agreement after the Binding Date remain fully liable for payment unless a release is granted. The following sections describe policies pertaining to each type of cancellation.

Student-Initiated Cancellations After the Binding Date

The Agreement is binding as of the Binding Date and throughout the entire academic year regardless of changed circumstances on the part of the Student, such as incompatibility with a roommate or suitemate, involvement in a lease of off-campus facilities, or marriage. Students who wish to be released after the Binding Date may do some only in the following circumstances:

  • The Student withdraws from the University and does not enroll during the original term of the Student Housing Agreement.
  • Applications exceed the number of bed spaces available and Housing Assignment Services calculates that a limited number of students can be released from their Agreements without resulting in empty beds during the next term. In this situation, students can be released after the Binding Date on a first-come, first-served basis. These students may be placed on a cancellation waiting list until such time as Housing Assignment Services determines whether or not projected occupancy warrants their release. Students who are guaranteed housing and are placed on a waiting list should not assume that they will be released. Students who have requested release and subsequently change their mind must notify Housing Assignment Services in writing. Failure to do so prior to the time a release is granted will result in a forfeiture of guaranteed housing.
  • Students who have a unique situation may submit a Request for Release from the Student Housing Agreement to Housing Assignment Services with justification.

Requests for Release

All requests for release from the Agreement must be submitted in writing or by Web to a Housing Assignment Services staff member, or sent by certified mail to the Director of Housing Assignment Services (5 Courtney St, Newark, DE 19716). Be sure to include documented proof of the circumstances related to the release request. If these circumstances change after the Student is released from the Student Housing Agreement, the release will become invalid and the Student will again be obligated to the terms of the Student Housing Agreement. For example, if a students withdraw from the University and later registers during the academic periods originally covered by the Agreement, they will still need to pay fees described in the Agreement.

Requests for release will usually be acted upon by Housing Assignment Services following consultation with appropriate offices and necessary verification of information provided. The student will normally have a decision within five working days. Decisions are made solely on the basis of the documentation submitted, and whether the justification for release meets acceptable circumstances. If a request for release is approved, it will become effective after completion of all vacating procedures.

Students who have been released from the Housing Agreement may cancel or modify their meal plan by contacting Dining Services.

Acceptable Circumstances

A student will typically be released from the Student Housing Agreement when proof of one of the following circumstances is submitted to Housing Assignment Services:

  • The Student completes January or Summer graduation procedures.
  • Voluntary official withdrawal or approved leave of absence from the University. A written request is not needed when the student withdraws or takes a leave of absence from the University, as verified by the Office of the Registrar. Dropping all classes does not constitute withdrawal.
  • Involvement in University-sponsored academic programs -- such as student teaching, study abroad, or a University cooperative work program -- make it impossible for the Student to commute from the Newark campus.
  • A new eligible applicant of the same sex is willing to assume full responsibility for the Student Housing Agreement. The applicant must accept a binding Student Housing Agreement for the remainder of the academic year, submit a deposit, and remain in housing during the entire period. The replacement must be fully matriculated and cannot be an incoming University student (first-time registrant) or one who already has an application on file with Housing Assignment Services. Students who have deferred their Application to Spring Semester do not qualify as eligible replacements. To be released for this reason, the Student must accompany his or her eligible replacement when he or she submits a Housing Application to Housing Assignment Services. At the same time, the Student requesting release must provide a Housing Assignment Services staff member with a written statement including the replacement's name. The effective date of release from the Student Housing Agreement is the date when the new resident signs in and occupies the space.

Unacceptable Circumstances

A student will not be released from the Student Housing Agreement for any of the following reasons:

  • The Student voluntarily reduces their number of academic credits.
  • The Student fails to register for classes before the end of the drop/add period.
  • The Student fails to sign in or occupy the residence halls for the Fall and/or Spring Semester.
  • The Student receives Judicial Sanctions.

Other Circumstances

If a student wants to be released from the Agreement due to serious circumstances other than those listed as unacceptable or acceptable, he or she may submit a written request to Housing Assignment Services. Requests must be accompanied by relevant and substantial supporting documents, such as financial changes verified on a Financial Aid form, a medical needs form verified by the DSS coordinator, or a medical statement verified by Student Health Services. If such documentation is provided, authors or others may be called to verify information and/or provide clarity.

Appeals

If a request for release is denied, the Student may submit a written appeal to the Office of the Assistant Vice President of Student Life, Hullihen Hall. The fully documented appeal and all appropriate documentation must be submitted within five working days of the date of the original decision letter. If release is granted, the appropriate department administrator will be notified to will arrange for any financial rebate due.

University-Initiated Cancellations After the Binding Date

The University reserves the right to change or cancel a student's room assignment without prior notification if the Student fails to register, pay, or maintain academic status. The Student Housing Agreement may be canceled if:

  • The Student is dismissed for academic reasons.
  • The Student fails to pay University bills by the established deadlines.
  • The Student is not properly registered at the end of the free drop/add period for the semester or session in which they have applied for housing. In this case, the Student may reapply for housing if they subsequently re-enroll for classes, but housing will not be guaranteed. If a University-initiated cancellation occurs between the Fall and Spring Semester and the Student re-enrolls, they once again become obligated to the Student Housing Agreement.
  • The Student fails to sign in or occupy the assigned residence hall space by 9PM on the day prior to the start of classes. Housing Assignment Services will automatically cancel the specific room assignment, unless notified by the Student of late arrival date in writing, at least five days before the official residence hall opening. If a student's assignment is canceled, Housing Assignment Services will reassign them to another space if requested by the student. Even if a student does not sign in and move onto campus, they will still be responsible for the full cost of the residence hall space and dining plan for the academic year. If no space is available on campus, the Student will be released from the Student Housing Agreement and will have no further financial obligation or claim under that Agreement.
  • The Student terminates the Agreement due to disciplinary action.
    • If a student is removed from the University as a result of a disciplinary action for behavior that did not occur in a residence hall, they are eligible for a pro-rated rebate, in accordance with the rebate policy.
    • If a student is removed from the University as a result of a disciplinary action for behavior that did occur in a residence hall, they will be responsible for the financial cost of the space for the remainder of the term in which the disciplinary action is finalized, but the Student may be released from subsequent terms, if any remain in the period of Agreement.
    • If a student withdraws from the University before a final disciplinary decision is made to suspend that student, the Student will still be responsible for the financial cost of the space for the remainder of the term in which the disciplinary action is finalized (unless the student withdraws before the end of the semester's free drop/add period).
    • If a disciplinary decision is made to suspend a student from the University after December 20 but before the beginning of Spring Semester, the Student will be billed the $100 late cancellation fee.
    • If a student is removed from the residence hall for disciplinary reasons that occurred in the residence hall, the student will be held responsible for the full cost of the residence hall space and the Dining Agreement for the remainder of the academic year even if the space is reassigned.
    • Appeals are made only through the judicial or residence hall system. The Housing Agreement appeal process cannot be used in place of or in addition to any appeal process established for disciplinary cases.

    Compliance with Law and Code of Conduct

    Every student at the University must comply with all Federal, State, local and University laws, rules and regulations, including the Agreement. Students are expected to know their Rights and Responsibilities and must comply with the University's Code of Conduct and the Residence Hall Regulations. At all times, students must respect the rights and property of all community members in the residence halls or apartment buildings, regardless of their background, beliefs, values, or attitudes.

    Student Liability

    The Student agrees to accept responsibility and be held accountable for his/her actions, for proper use and care of the residence hall, dining facilities, assigned space, common areas, and all other University property, and for the actions of his/her guest(s). The host should ensure that guests comply with all University Policies and Residence Hall Regulations. Prior to hosting a guest, residents should read Guidelines for Hosting Visitors in the Halls to understand the University's expectations of both hosts and guests.

    Furnishings

    The University will choose and provide furnishings for each residence hall and apartment. In addition, the University will provide appliances for apartments. Students may only use approved appliances, furniture, and electronic equipment. The Student agrees not to remove any furniture or appliances provided by the University except with the express written consent of the University.

    Students are financially responsible for any damage caused to University property. The University reserves the right, when individual responsibility cannot be determined, to hold residents collectively responsible for damage, theft, loss, or special service to the common areas or to University property within them.

    Right of Entry

    The University reserves the right to enter any room at any time without advance notice for the purposes of inspection, repair, maintenance, and protecting the health, safety and security of residents and in cases of emergency, as determined by the University. University officials, the Fire Marshal, and other officials periodically make unannounced inspections to ensure compliance with health, fire, safety and maintenance codes. They are obligated to report evidence of non-compliance observed during such inspections. Similarly, while maintenance and custodial personnel will not search personal property, the performance of their duties may require them to move items of personal property in a student's room. They are obligated to report any observed evidence of unlawful conduct or conditions.

    Extended Housing

    If all University housing has been filled prior to assignment of housing for Students who have requested it, a limited number of Students may be assigned to extended living accommodations, such as double rooms that have been furnished to house three students. Students with extended assignments will be assigned permanent assignments as soon as they become available as determined by Housing Assignment Services in conjunction with the Office of Residence Life.

    An incoming freshman student may be assigned to extended housing if other spaces are filled when the Student's Application is considered for assignment, even if the Application is received prior to the deadline. Freshman housing assignments are made by a published process for students whose applications are postmarked by May 1. In the event that a student is assigned to extended housing, they will move to a permanent space as cancellations occur, usually during the Fall Semester. Each student in extended housing will receive a 25 percent rebate on housing costs for each full week of residence until a permanent space is offered. Rebates are offered only during the fall semester, as sufficient spaces are available for spring semester to accommodate students in extended housing.

    Winter Session Occupancy

    Each year, the Academic Calendar specifies opening and closing dates for residence halls and the Christiana Towers Apartments, as well as recess periods for the coming academic year. These dates define the occupancy periods included in the Student Housing Agreement for the year.

    In order to live in a residence hall during Winter Session, students must be registered for at least one Winter Session course or academically approved project, or be approved to participate in a special University activity. Students residing on campus for Winter Session, unless assigned to Christiana Towers Apartments, are required to maintain a full resident dining plan. If the Student does not choose a dining plan, they will be assigned the default option.

    Students who occupy a residence hall during Winter Session will be charged a $500 housing fee, regardless of type of room and part of campus. For Winter Session 2010, Christiana Towers Apartments residents will not be charged the Winter Session housing fee.

    Assignments for new students for Winter Session are permitted only under exceptional circumstances approved by the Office of Housing Assignment Services. All requests for exception must be submitted to Housing Assignment Services with any supporting documentation. Requests may be submitted by e-mail to UD-Housing@udel.edu or by fax to (302) 831-4266. Students who are granted an exception should be aware that the spring assignment may be different from the Winter Session assignment.

    Note to residents of the Christiana Towers Apartments: Residents of the Christiana Towers Apartments may remain in their assigned apartments during winter Session without being registered for a Winter Session course or academically approved project.

    Breaks and Recess Periods

    Except for specifically designated buildings, residence halls are closed to residents during recess periods. Fees may be charged for occupancy in those buildings that remain open. For more information breaks and recess periods, see the Calendar section above.

    Room Changes

    The exchange of rooms or substitution of one occupant for another without written approval from Housing Assignment Services is prohibited. The procedure, calendar, and fees for room changes are set forth on the Housing Assignment Services Website.

    The University reserves the right to make room changes or reassignments under the following circumstances, or at its discretion:

    • If a living unit, floor, or larger unit needs to be closed for health or safety reasons, or converted to serve another purpose that will benefit the University over the longer term.
    • If a student is assigned to a First Year Experience section in another building or if a First Year Experience section needs to be relocated to another building.
    • If student behavior in a section of a residence hall is judged to be disruptive to the community, all or some students may be relocated to restore order.
    • If the Student fails to comply with any provision, policy, rule or regulation.
    • If the resident of special-purpose housing, such as Special Interest Housing or a Substance-Free residence hall, fails to satisfy the requirements of group membership.
    • If a student's roommate cancels his or her housing assignment, the Student may be reassigned to ensure that all rooms house the maximum number of roommate pairs. In this situation, the Student will receive at least 24-hour notice prior to reassignment during the academic year.
    • If the Student is assigned to a Special Needs or ADA room and does not have a documented ADA medical need, the Student may be reassigned to accommodate one who does.

    Vacancies

    The University may reassign a vacant space in a room or apartment at any time. While efforts are made to notify students of any changes, a new roommate may be assigned without prior notification. Students may not intentionally dissuade or discourage newly assigned roommates from moving into the room. Intimidating a newly assigned student is a policy violation, which can lead to termination of the residence hall space without release from the financial obligation of the Student Housing Agreement.

    If a room or apartment is not entirely occupied and Housing Assignment Services does not anticipate assigning an eligible new roommate, the Student may choose one of the following options:

    • Continue to live in the room at no extra charge. In that event, Housing Assignment Services can assign a student to that space at any time, without prior notice.
    • Move to another vacant space authorized by Housing Assignment Services.
    • Pay a "buy out" rate for the vacant space from the date of vacancy through the remainder of the semester to ensure that the space remains vacant. The current buyout rate equals the cost of the residence hall space plus 35 percent. This option is not available when housing demand is high. If the Student buys out a space for Fall Semester and space demand is high for Winter Session and/or Spring Semester, Housing Assignment Services may assign a student to that space for either or both of those terms. If space permits, the Student may be offered the chance to continue the buy-out option for the remainder of the academic year. If a student "buys out" a space in a room or apartment, the extra furniture will not be removed. If one student is left remaining in a two-bedroom Christiana Towers apartment after the room change period at the beginning of each semester and a vacant same-sex space exists elsewhere in the Christiana Towers, the remaining student must move to the vacant space in order to free up a two-bedroom apartment for four roommates.

    Primary Residence

    The residence hall space assigned to the Student by the University must be the Student's primary place of residence. In cases where a Student does not maintain his or her primary residence in the University-assigned space, the University may reassign that space to another student, and the Student will remain bound by the Agreement. Subleasing of space is prohibited.

    Vacating at the End of the Term, Academic Year, or Release Date

    Students are required to vacate, return all keys and access cards to the Resident Assistant, Hall Director or Area Office, and remove all personal belongings from residence hall space within 24 hours of completing their last final examination or by the scheduled closing time, whichever comes first. Graduating seniors may remain in the residence halls until the time designated by Housing Assignment Services.

    Students who have been released from their Student Housing Agreement during the academic year must vacate their residence hall room or apartment within 48 hours of the effective date of release. The Student will be charged for the actual number of days they occupied the room, plus an additional two weeks. Any room charges paid in excess of the actual amount owed will be credited to the Student's account. The effective date for a rebate is the date when all of the following obligations have been met:

    • The request for release has been approved or initiated by Housing Assignment Services.
    • The Check-In/Check-Out form has been completed in conjunction with a Residence Life staff member.
    • All keys and access cards have been returned to the Resident Assistant, the Hall Director, or the Area Office immediately after vacating the room or apartment. Failure to return these items within 48 hours of release date will result in charges for recoring the locks on the room and/or replacing the access card.
    • All belongings have been removed, leaving the space in clean, habitable condition.

    NOTE: Belongings that have been left in a room beyond the deadline designated for their removal may be packed and stored. In that event, the Student must pay a $20 service charge. The University does not accept responsibility for items left or stored under these circumstances. If the room is left dirty, cleaning charges will be added to the Student's account.

    Safety and Security

    Security is the responsibility of all students, and students are personally responsible for abiding by the security policies pertaining to residence halls. Actions that compromise the security of residence or living areas will subject the individuals responsible to disciplinary action and related fees. See regulations regarding Keys and Access Cards, Fire Drills and Safety, and other Facilities Regulations for more details.

    Dining Services Agreement

    Students living in all residence halls, except for the Christiana Towers Apartments, are required to maintain a full resident dining plan for the duration of the academic year, as defined by the Student Housing Agreement. Students with dining plans must agree to the terms of the Dining Services Agreement.

    Controlling Documents

    In the event of a conflict between this Agreement, the regulations, policies, or procedures published by Housing Assignment Services, the Office of Residence Life or Facilities, and the Student Guide to University Policies, the Student Guide will control.

    Waiver

    No delay or failure to exercise any right or power granted under the Agreement shall impair any such right or power or be construed to be a waiver thereof.

    Severability

    If any term or provision, or any portion thereof, of this Agreement is declared invalid or unenforceable for any reason, the remainder of this Agreement shall not be affected thereby and shall continue to be valid and enforceable to the fullest extent permitted by law.

    Governing Law

    This Agreement shall be governed by, and construed and interpreted in accordance with, the internal laws of the State of Delaware, without reference to its conflict of laws principles.