Delaware Laws on Landlords and Criminal Background Checks

Understanding your renter rights in Delaware is crucial, especially when landlords ask about criminal history during the housing application process. Delaware law sets clear boundaries on how this information can be used, and it’s important for renters to know their protections under both state and federal law.

What Delaware Law Says About Criminal Background Questions

In Delaware, landlords are generally allowed to ask rental applicants about their criminal histories. However, there are important restrictions and requirements that protect renters from unfair discrimination. These rules are shaped by both the Delaware Landlord-Tenant Code and federal fair housing laws enforced by the U.S. Department of Housing and Urban Development (HUD).

When Can a Landlord Ask About Criminal History?

• Landlords can include criminal background questions on rental applications or request a background check after you apply.
• Federal law prohibits landlords from having a blanket policy that rejects all applicants with any criminal history.
• Decisions must be based on specific, recent convictions that affect the safety or property of others—not on arrests without conviction or old/off-topic records.

According to the HUD Guidance on Fair Housing and Criminal Records, refusing to rent solely based on someone having a criminal record may violate fair housing laws.

What Kind of Criminal Records Can Be Considered?

• Felony convictions for serious crimes (for example, violent offenses, certain drug-related offenses, or property crimes) may be considered.
• Landlords should consider the nature of the offense, how long ago it occurred, and evidence of rehabilitation.
• Arrests that did not lead to a conviction should not be used as a reason to deny your application.

Delaware Fair Housing Protections

The Delaware Division of Human and Civil Rights enforces fair housing protections in the state. If you believe a landlord rejected or treated you unfairly based on your criminal record in a way that violates HUD guidelines, you can file a complaint.

What Forms and Complaints Can Renters Use?

• Delaware Division of Human and Civil Rights Housing Discrimination Complaint Form
• When to use: If you were denied housing or discriminated against because of a criminal record or other protected characteristic, submit this form to start an official complaint.
• How to use: Fill out the online or paper complaint form with details about the incident, then submit it to the Delaware Division of Human and Civil Rights. You can find the form and instructions on the official housing discrimination complaints page.

Where Are Rental Disputes Handled in Delaware?

If a housing dispute or discrimination complaint progresses, it may be reviewed by the Delaware Justice of the Peace Court, which resolves landlord-tenant matters, or by the Delaware Division of Human and Civil Rights, which specifically handles fair housing issues.

What To Do If You Think You’ve Been Discriminated Against

• Document all communications with the landlord or property manager.
• Gather evidence (emails, application forms, rejection letters).
• Submit a housing discrimination complaint to the state agency.
• You may also file a complaint directly with HUD Fair Housing and Equal Opportunity.

You have the right to be considered fairly as a renter in Delaware, regardless of your criminal background—unless a specific and substantial conviction directly affects landlord’s safety and property.

FAQ: Delaware Landlords & Criminal Background Checks

1. Can a landlord automatically deny housing based on any criminal record?
   No, landlords cannot reject all applicants with criminal records automatically. They must consider the nature, severity, and timing of the offense and follow HUD guidance.
2. Are arrests without convictions considered in rental screening?
   No. Delaware landlords should not deny applicants based solely on arrests that did not lead to a criminal conviction.
3. What if I think I was unfairly denied housing because of my criminal record?
   You can submit a formal complaint to the Delaware Division of Human and Civil Rights or the U.S. Department of Housing and Urban Development.
4. Is there an official form to contest discrimination related to criminal background?
   Yes. Use the Delaware Housing Discrimination Complaint Form to report the issue.
5. What legislation protects my rights as a renter in Delaware?
   Your rights are outlined in the Delaware Landlord-Tenant Code and HUD's federal fair housing laws.

Conclusion: Key Takeaways for Delaware Renters

• Landlords in Delaware can consider criminal history, but cannot enforce blanket bans or use arrests without convictions against you.
• Familiarize yourself with the fair housing complaint process if you suspect unfair treatment.
• The Delaware Division of Human and Civil Rights and the Justice of the Peace Court provide key protection and resolution resources.

Knowing your rights regarding criminal background checks helps ensure you are treated fairly when renting a home in Delaware.

Need Help? Resources for Renters

• Delaware Division of Human and Civil Rights – Housing Discrimination
• Delaware Justice of the Peace Court – Landlord-Tenant Cases
• U.S. HUD Fair Housing & Equal Opportunity: Complaint Process
• Delaware Landlord-Tenant Code – Full Legislation
• Delaware Attorney General – Tenant Resources

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1. Delaware Landlord-Tenant Code, Title 25, Chapter 51
2. HUD Guidance on Application of Fair Housing Act Standards to the Use of Criminal Records by Providers of Housing, HUD Document
3. Delaware Division of Human and Civil Rights, State Agency Portal
4. Delaware Justice of the Peace Court, Landlord-Tenant Court
5. Fair Housing Complaint Process, HUD Resource

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