Can Rent Go Up After Accessibility Upgrades in Delaware?

As a Delaware renter, it’s important to know your rights around rent increases—especially after your home is upgraded for accessibility needs. Whether you or your landlord made changes like ramps, grab bars, or wider doors for a disability, special rules apply. Here’s what Delaware law and official resources say about rent changes following accessibility upgrades.

Understanding Accessibility Upgrades in Rental Housing

Accessibility upgrades are changes made to a rental property so that individuals with disabilities can use the space more easily. Common examples in Delaware rentals include:

• Installing wheelchair ramps or stair lifts
• Widening doorways and hallways
• Adding grab bars in bathrooms
• Lowering countertops, sinks, or light switches

These changes are often called "reasonable accommodations" or "modifications" under state and federal law.

What Delaware Law Says About Rent Increases After Accessibility Modifications

Delaware’s main law governing residential tenancies is the Delaware Residential Landlord-Tenant Code^[1]. This law contains protections relating to reasonable accommodations for people with disabilities. It requires landlords to allow modifications in most cases, but there are specific rules about who pays and how much rent can change.

• If you request and pay for the upgrade, your landlord cannot increase your rent just because you made an accessibility modification.
• If the landlord pays for or agrees to make a requested accessibility upgrade, and it substantially increases the value of the property, the landlord may propose a rent increase. However, they must provide proper notice and meet all state requirements for rent increases.
• Landlords may require that renters restore the unit to its original condition (minus normal wear and tear) when moving out, unless both agree otherwise.

Notice Requirements for Rent Increases

Delaware law requires landlords to provide at least 60 days’ written notice before a rent increase, unless a different agreement is stated in your lease. This rule still applies after accessibility modifications.

Protections from Discrimination

It’s illegal in Delaware for a landlord to discriminate or retaliate against a tenant for exercising their rights to accessibility accommodations. You cannot be charged higher rent because of your disability or your request for reasonable modifications.

Relevant Forms and Where to Find Them

• Request for Reasonable Accommodation (No Official Statewide Form): Delaware does not have an official statewide form, but you can use a written request to your landlord detailing the accommodation needed. For a sample template and further guidance, visit the HUD Delaware tenant rights page.
  Example: If you need a modification, write a letter to your landlord explaining what you need and why it is necessary due to a disability.
• Complaint Intake Form – Delaware Division of Human Relations: Use this form if you believe you have been wrongly denied a reasonable accommodation or faced a rent increase due to your disability. Access the form directly at the Delaware Division of Human Relations - File a Complaint page.
  Example: File this if your landlord increased your rent illegally after you installed an accessibility improvement.

Which Tribunal or Board Handles Rental Disputes in Delaware?

Disputes about rent increases, accessibility, or accommodations are typically handled by the Delaware Justice of the Peace Court, which deals with landlord and tenant matters. For discrimination cases, contact the Delaware Division of Human Relations.

What To Do If Your Landlord Increases Your Rent After an Accessibility Upgrade

• Review your lease and any written agreements about the accessibility modification
• Check that you received proper notice (at least 60 days)
• Determine who paid for the modification—this affects whether the rent can be increased
• Keep written records of all communication with your landlord
• If you believe the increase is discriminatory or violates Delaware Code, file a complaint with the Delaware Division of Human Relations or consider legal assistance

FAQ: Accessibility-Related Rent Increases in Delaware

1. Can my landlord raise my rent just because I installed a ramp or grab bar?
   Generally, if you pay for the upgrade and follow Delaware law, your landlord can't raise rent just for making your unit accessible.
2. What notice does my landlord have to give me before a rent increase?
   Your landlord must provide you with at least 60 days’ written notice before any rent increase, including after an accessibility modification.
3. Is there an official form to request an accessibility improvement?
   There’s no statewide Delaware form, but you should make your request in writing. Refer to the HUD Delaware tenant rights page for examples.
4. Who can I contact if I think my rights have been violated?
   Contact the Delaware Division of Human Relations or file a claim at the Justice of the Peace Court for tenancy issues.
5. Do I need to remove the modification when I move out?
   Your landlord may require restoration of the rental to its original state unless you both agree to keep the changes.

Key Takeaways for Delaware Renters

• Landlords in Delaware can’t raise your rent just because you made and paid for a disability-related modification.
• You must get at least 60 days’ written notice for any rent increase.
• Reach out to the Division of Human Relations if you suspect discrimination or unfair treatment regarding accessibility upgrades.

Need Help? Resources for Renters

• Delaware Justice of the Peace Court – Handles landlord-tenant disputes
• Delaware Division of Human Relations – Handles housing discrimination complaints and accommodation issues
• HUD Delaware Tenant Rights – Guidance on fair housing and accessibility
• For legal aid: Community Legal Aid Society, Inc. (CLASI)

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1. Delaware Residential Landlord-Tenant Code
2. Delaware Division of Human Relations
3. Delaware Justice of the Peace Court – Landlord/Tenant Matters
4. HUD Delaware Tenant Rights

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