Delaware Accessible Rental Unit Rules for New Construction

Finding suitable, accessible housing is essential for renters with disabilities. In Delaware, federal and state laws set out clear requirements so renters in new apartment buildings have access to units designed with accessibility in mind. This guide explains the key accessibility standards for new construction, your rights as a renter, and what to do if you need accommodations.

Understanding Accessible Unit Requirements in Delaware

Most new multi-family residential buildings in Delaware must provide a minimum number of accessible units. These rules help ensure renters who use wheelchairs, walkers, or other mobility devices can find safe, usable housing without barriers.

Who Sets Accessible Housing Requirements?

• The federal Fair Housing Act sets minimum design standards for accessibility in most buildings with four or more units built after March 13, 1991.
• The Delaware Fair Housing Act enforces similar requirements for accessibility and non-discrimination at the state level.
• Building codes like the Delaware State Building Code and federal standards (such as ADA guidelines) may also apply, depending on the type and funding of the property.

Together, these laws provide robust protection against disability discrimination in housing construction and rental practices.

Key Features New Apartment Units Must Have

• Ground-floor units (or all units served by an elevator) must meet accessibility standards in new multifamily buildings with 4+ units.
• Some basic accessibility features include:
  • Accessible entrances and routes (no steps, wider doorways)
  • Accessible light switches, outlets, and controls
  • Kitchens and bathrooms usable by people with mobility devices
  • Reinforced bathroom walls for grab bars
• The exact number of required accessible units depends on building size, type, and design.
  If you’re unsure whether your building should have accessible units, contact the Delaware Office of the Attorney General's Fair Housing Unit.

Requesting a Disability Accommodation in Delaware Rentals

Even if your apartment is not fully accessible, you can request a reasonable accommodation for your disability. This might include installing a ramp, grab bars, or allowing a service animal. Landlords must respond promptly and cannot charge extra fees for granting reasonable accommodations.

Common Forms and How to Use Them

• Delaware Fair Housing Complaint Form: Delaware Fair Housing Discrimination Complaint Form
  • When and how to use: If your landlord fails to accommodate your request or you believe you were denied housing because of your disability, you can file this form with the Delaware Division of Human Relations. Attach supporting documentation when possible.
• Request for Reasonable Accommodation (Sample Letter):
  • There is no official state-mandated form, but you may use HUD’s example: Sample Request Letter (see Appendix B).
  • You can adapt this letter and send it to your landlord or property manager.

For instructions and further help, see Delaware’s official Fair Housing Unit site.

Which Board Handles Delaware Rental Concerns?

For legal disputes between landlords and tenants, including accessibility issues, the Justice of the Peace Court (Landlord-Tenant Division) handles residential matters in Delaware.

Relevant Delaware Laws

• Delaware Residential Landlord-Tenant Code governs most rental rights and duties.
• The Delaware Fair Housing Act covers accessibility and discrimination issues.
• Federal laws, including the Fair Housing Act accessibility standards, may also apply.

Always check state and federal law for your specific situation.

FAQ: Delaware Accessible Units & Disability Rights

1. What should I do if my landlord refuses a reasonable accommodation?
   If your landlord denies your accommodation request, you may file a complaint with the Delaware Office of the Attorney General's Fair Housing Unit.
2. Are landlords required to make every unit fully accessible?
   No, only certain new units in new construction are required to have full accessibility features. However, landlords must allow reasonable modifications at your expense if needed.
3. Can I be charged extra for an accessible unit or accommodation?
   No, it is unlawful for landlords to charge extra fees for reasonable accommodations related to a disability.
4. Does Delaware have an official form for requesting reasonable accommodations?
   No official state form exists, but you can use a written letter following HUD’s suggested format.
5. What law protects renters with disabilities in Delaware?
   You are protected under both the Delaware Fair Housing Act and the federal Fair Housing Act.

Key Takeaways: Delaware Accessible Rental Units

• New buildings must provide accessible units and features by law.
• Renters can request reasonable accommodations for disabilities.
• Official support is available if your rights are not respected—take action by filing a complaint if necessary.

Accessible housing is your right. Understanding Delaware’s protections can help you navigate and enforce your rights confidently.

Need Help? Resources for Renters

• Delaware Office of the Attorney General – Fair Housing Unit: For complaints or fair housing guidance.
• Justice of the Peace Court – Landlord-Tenant: For rental disputes including accessibility or discrimination claims.
• Delaware Division of Services for Aging and Adults with Physical Disabilities: Offers information about accessibility resources.
• HUD Housing Discrimination Complaint Process: How to file a federal fair housing complaint.

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1. Delaware Fair Housing Act: delcode.delaware.gov/title6/c046a/
2. Federal Fair Housing Act Design Manual: hud.gov/program_offices/fair_housing_equal_opp/disabilities/fhefhousingsr
3. Delaware Residential Landlord-Tenant Code: delcode.delaware.gov/title6/c046/
4. Justice of the Peace Court (Landlord-Tenant): courts.delaware.gov/Family/
5. Delaware Fair Housing Complaint Form: attorneygeneral.delaware.gov/wp-content/uploads/sites/50/2017/03/DelawareFairHousingDiscriminationComplaintForm.pdf

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