What if my Delaware landlord refuses my accommodation request?

If your landlord refuses your request, you can file a complaint with the Delaware Division of Human Relations or HUD.

Can my landlord charge me extra for an accessibility modification?

Landlords cannot charge extra for reasonable accommodations, but you may be responsible for the cost of physical modifications.

Do I have to use a specific form to request an accommodation in Delaware?

Delaware does not require a specific form, but written requests are recommended. You can use the HUD sample letter as a guide.

Is my private rental covered by the ADA or just the FHA?

Most private rentals are covered by the FHA. The ADA typically only applies to common-use areas in rental properties.

Where can I go if I need help filing a complaint?

Contact the Delaware Division of Human Relations or seek guidance from a legal aid office.

Delaware Accessibility Laws: ADA & FHA Protections Explained

Accessibility & Disability Accommodations Delaware published: June 21, 2025

Understanding your rights as a Delaware renter is essential, especially if you or a loved one needs accessibility accommodations due to a disability. Two major federal laws—the Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA)—set out important standards to ensure homes and common spaces are accessible. Delaware law also provides extra protections for renters living with disabilities. This article explains how these standards apply to rental housing, what steps to take if you need accommodations, and where to find state-specific help.

What Are the ADA and FHA? Key Differences for Delaware Renters

Both the ADA and FHA protect people with disabilities, but they have different focus areas and requirements. Here’s what Delaware renters need to know:

The Fair Housing Act (FHA): Covers most private and public housing, making it illegal for landlords to refuse reasonable modifications or accommodations.
The Americans with Disabilities Act (ADA): Applies mostly to public buildings and areas of public accommodation; in rental properties, it typically applies to common-use areas in larger apartment buildings, not inside individual units.

For detailed FHA requirements, see the official Fair Housing Act resource. To learn about ADA standards, visit the ADA official site.

Which Law Applies to My Delaware Rental?

FHA: Applies to almost all rental housing, except some owner-occupied buildings with four or fewer units.
ADA: Applies to rental property offices, lobbies, and shared facilities, but not the interior of most rental units.

Delaware landlords covered by these laws may be required to make "reasonable accommodations" (policy changes, like allowing service animals) or allow "reasonable modifications" (physical changes, such as ramps) for renters with disabilities.

What Are Reasonable Accommodations and Modifications?

An accommodation is a change in rules, policies, or services. A modification is a physical change to your rental. Both are important for ensuring access and equal opportunity. Examples include:

Allowing service animals in a no-pet building
Permitting the installation of grab bars in a bathroom
Assigning a reserved parking space close to a building entrance

If you need a reasonable accommodation or modification, you should submit a written request to your landlord. While Delaware does not provide a specific state form, you can use a sample letter from HUD’s guidance. See the next section for official forms and guidance.

Delaware Renter Rights: Forms and How to Request Accommodations

When requesting a reasonable accommodation or modification:

Write a request describing what you need and why it relates to your disability.
You are not required to disclose your specific diagnosis, but you may need to provide verification that you have a disability and the accommodation is necessary.
Landlords must respond promptly and cannot charge extra fees for a valid reasonable accommodation.

Official Forms for Accommodations

Reasonable Accommodation Request (HUD Sample Letter): This is an example form from the U.S. Department of Housing and Urban Development. Use it to ask your landlord for an accommodation.
Practical example: If you need permission to install a ramp, fill out this form and submit it to your property manager.
Access the form here: HUD Sample Reasonable Accommodation Request Letter

If you feel your rights have been violated, you can file a complaint with the Delaware Division of Human Relations or HUD.

Delaware Fair Housing Complaint Form: Use this form to report housing discrimination.
Example: If a landlord refuses your accommodation for a service animal, file this form.
Find the form and instructions at the Delaware Division of Human Relations Fair Housing Complaint Process page.
HUD Housing Discrimination Complaint Form: Use this federal form for filing a complaint directly with HUD. Download and instructions are on the HUD File a Complaint page.

What Delaware Law Says About Disability Accommodations

The Delaware Residential Landlord-Tenant Code protects renters from discrimination based on disability and incorporates key parts of federal law.¹

This means you are protected under both Delaware and federal law—landlords must consider all reasonable accommodation or modification requests and cannot retaliate against you for exercising your rights.

If your landlord denies your request, keep written records and seek guidance from the Delaware Division of Human Relations or legal aid services.

Delaware's Tribunal for Rental Housing Disputes

If disputes aren't resolved, renters can take their case to the Delaware Justice of the Peace Court, which handles residential tenancy matters like accessibility disputes, evictions, and security deposits.²

FAQ: Accessibility Standards for Delaware Renters

What if my Delaware landlord refuses my accommodation request?
If you believe your landlord unjustly denied your disability accommodation, submit a complaint to the Delaware Division of Human Relations or the U.S. Department of Housing and Urban Development.
Can my landlord charge me extra for an accessibility modification?
No, landlords cannot charge extra for reasonable accommodations. For physical modifications, you may be responsible for costs, but deposits for restoration are limited by law.
Do I have to use a specific form to request an accommodation in Delaware?
No, there is no required state form, but written requests are best. Use the HUD sample request letter as a guide.
Is my private rental covered by the ADA or just the FHA?
Private rentals are usually covered by the FHA. ADA applies mainly to public spaces within rental complexes, like lobbies and rental offices.
Where can I go if I need help filing a complaint?
Contact the Delaware Division of Human Relations or seek advice from a legal aid office in Delaware.

Key Takeaways for Delaware Renters

Both ADA and FHA protect renters with disabilities—know which applies to your situation.
Always make accommodation requests in writing and keep records.
Delaware has clear enforcement bodies and complaint forms to protect your accessibility rights.

Knowing your rights helps ensure you have safe, accessible housing in Delaware.

Need Help? Resources for Renters

Delaware Division of Human Relations – Fair housing enforcement in Delaware, forms, complaint process, and renter resources.
HUD Fair Housing page – Official federal information and complaint forms.
Delaware Justice of the Peace Court – Handles rental disputes in Delaware.
Delaware Aging and Disability Resource Center – Guidance for those with disabilities or special needs.