Delaware Laws on Source of Income Discrimination for Renters

If you rely on sources like Social Security, disability, rental assistance programs, or other legal forms of income, understanding your rights as a renter in Delaware is important. Many renters wonder: can a landlord refuse to rent to me because of the way I pay my rent? This article outlines Delaware's current stance on source of income discrimination and explains protections renters do — and do not — have.

What Is Source of Income Discrimination?

Source of income discrimination occurs when a landlord refuses to rent, imposes additional conditions, or treats a renter differently because of how they pay rent. Forms of lawful income can include:

• Social Security benefits
• Housing Choice Vouchers (Section 8)
• Child support or alimony
• Veterans’ benefits
• Other government assistance programs

Not all states explicitly ban this type of discrimination. Some protect renters at the state level, while others rely on local ordinances or offer no direct protections.

Does Delaware Ban Source of Income Discrimination?

As of 2024, Delaware does not include source of income as a protected class under its statewide Fair Housing laws. This means:

• Landlords in Delaware can generally refuse to rent to applicants based on their lawful source of income, such as refusing Section 8 vouchers.
• There are currently no known local ordinances in Delaware that override this on a city or county basis.

Delaware does prohibit discrimination based on race, color, national origin, religion, sex, familial status, and disability, as outlined in the Delaware Fair Housing Act.^[1] However, "source of income" is not included.

Federal Protections: Limited but Important Context

The federal Fair Housing Act prohibits discrimination based on race, color, religion, sex, disability, familial status, and national origin, but does not specifically address source of income.

Some renters may be protected if discrimination overlaps with another protected class (for example, if a landlord discriminates against a source of income because it relates to someone's disability).

How to Respond If You Suspect Income-Based Discrimination

Even though Delaware does not explicitly ban source of income discrimination, certain situations may involve overlapping protected classes. If a landlord's actions seem related to your race, disability, or another protected area, you can take the following steps:

• Document all interactions: Save emails, texts, and application paperwork.
• File a complaint: If you believe another protected class is involved, you can file with the Delaware Division of Human Relations.

Relevant Delaware Forms

• Housing Discrimination Intake Questionnaire
  View and download the official form here.
  When to use: Complete this form if you want to start a complaint about housing discrimination for protected classes (not source of income).
  Example: If you believe a landlord refused to rent to you based on disability or race, use this form to begin your complaint with the Delaware Division of Human Relations.

The main tribunal handling residential tenancies in Delaware is the Delaware Justice of the Peace Court (Landlord-Tenant Section). However, housing discrimination issues are handled by the Delaware Division of Human Relations.

Legislation Governing Tenant Protections

• Delaware Fair Housing Act (6 Del. C. Ch. 46)
• Delaware Residential Landlord-Tenant Code (Title 25, Chapter 51)

FAQ about Income Discrimination and Renting in Delaware

1. Is it legal for a landlord in Delaware to refuse Section 8 or other voucher holders?
   Yes, under current Delaware law, landlords are not required to accept Section 8 or similar housing vouchers as a condition of tenancy.
2. Does Wilmington or any Delaware city have extra protections for renters based on source of income?
   No local ordinances in Delaware are currently known to offer additional renter protections for source of income discrimination (as of 2024).
3. What should I do if my income discrimination overlaps with another protected class?
   Complete the Housing Discrimination Intake Questionnaire and submit it to the Delaware Division of Human Relations.
4. Where can I get more help if I believe my rights are being violated?
   Contact the Delaware Division of Human Relations for guidance, resources, and information on next steps.

Key Takeaways for Delaware Renters

• Delaware does not currently ban source of income discrimination for renters at the state or local level.
• Protections exist for other classes (race, disability, etc.), but not for Section 8 or similar programs.
• Keep thorough records and seek help if discrimination relates to a protected class.

Understanding your rights helps you make informed choices and act promptly if issues arise.

Need Help? Resources for Renters

• Delaware Division of Human Relations – Helps with housing discrimination complaints and questions
• Delaware Justice of the Peace Court – Handles landlord-tenant disputes and eviction proceedings
• U.S. Department of Housing and Urban Development: Delaware – National information and links to local help

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1. Delaware Fair Housing Act, Delaware Code Title 6, Chapter 46
2. Delaware Residential Landlord-Tenant Code, Title 25, Chapter 51
3. Delaware Division of Human Relations
4. Housing Discrimination Intake Questionnaire – Delaware Department of Labor
5. Delaware Justice of the Peace Court: Landlord-Tenant Section

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