Delaware LGBTQ+ Renters: Fair Housing Protections Explained

Renting a home in Delaware should be fair and free from discrimination, no matter your sexual orientation or gender identity. Delaware law, in step with federal guidelines, offers strong protections for LGBTQ+ renters to help ensure safe and equal access to housing. If you’re a renter facing possible discrimination, understanding these protections empowers you to assert your rights and seek support when needed.

Your Rights Under Delaware Fair Housing Law

In Delaware, it is illegal for a landlord or property manager to refuse to rent, limit housing opportunities, or treat you unfairly because of your sexual orientation, gender identity, or gender expression.

• The Delaware Fair Housing Act expressly prohibits housing discrimination based on sexual orientation and gender identity^[1].
• Federal law, including the Fair Housing Act, also protects LGBTQ+ renters from housing discrimination nationwide^[2].
• This includes actions like refusing to rent, unequal terms, harassment, or making discriminatory statements or advertisements.

Examples of Discriminatory Behavior

Discrimination can be subtle or direct. In Delaware, examples of unlawful conduct include:

• Denying a rental application because of gender identity
• Making threatening or harassing remarks related to sexual orientation
• Implementing different rules for LGBTQ+ tenants
• Evicting or warning a tenant due to their LGBTQ+ status

How to Report Housing Discrimination in Delaware

If you believe you’ve experienced discrimination in housing, you have the right to file a complaint with either the state or federal agency. The Delaware Division of Human and Civil Rights is the main official body for these cases.

Official Body for Tenant Claims in Delaware

The Delaware Division of Human and Civil Rights investigates housing discrimination claims and enforces Delaware’s fair housing laws^[3]. For general landlord-tenant disputes, the Justice of the Peace Court handles residential tenancy matters^[4].

Filing an Official Fair Housing Complaint

Here are the primary forms and how they apply to renters facing discrimination:

• Delaware Discrimination Complaint Form
  Use this to report discrimination to the Division of Human and Civil Rights. For example, if your landlord refuses to renew your lease after you disclose your gender identity, complete and submit this form.
  Download the official complaint form (PDF).
• HUD Housing Discrimination Complaint Form (Form 903)
  To file at the federal level, use the HUD Form 903. This is suitable if you are unsure whether the state or federal law applies or want to ensure federal review.

Steps to File a Fair Housing Complaint in Delaware

Filing a discrimination complaint is straightforward, and free. Here’s what you should do:

• Gather evidence (emails, letters, witness names, rental listings/screenings, etc.).
• Download and complete the Delaware Discrimination Complaint Form or use the Division’s online process.
• Submit the form by mail, email, or in-person as outlined on the official form.
• You may also file through the federal HUD complaint portal.

Key Delaware Tenancy Laws Protecting LGBTQ+ Renters

Delaware law makes it illegal to discriminate in housing based on sexual orientation or gender identity — whether you’re renting an apartment, home, or room. For the latest protections, consult:

• Delaware Fair Housing Act (Title 6, Chapter 46)
• Delaware Residential Landlord-Tenant Code, which sets out all landlord and tenant rights in the state
• HUD LGBTQ+ Fair Housing Resources

1. What should I do if my landlord retaliates after I file a complaint?
   If your landlord tries to evict you, raise rent unfairly, or otherwise retaliate, document all actions, report immediately to the Division of Human and Civil Rights, and seek assistance. Retaliation is illegal under Delaware law.
2. Are all landlords, including small owner-occupiers, covered?
   Most Delaware landlords are covered, but some exemptions (e.g., owner-occupied buildings with a small number of units) may apply. Check directly with the Division of Human and Civil Rights if you're unsure.
3. Can I be refused a rental just for being transgender or openly gay?
   No. Under both state and federal law, it is illegal for landlords or property managers to discriminate based on sexual orientation or gender identity.
4. Is harassment based on my LGBTQ+ status considered discrimination?
   Yes. Harassment (threats, repeated derogatory comments, or intimidation) related to your LGBTQ+ status is unlawful and should be reported.
5. Who do I contact first, the state or HUD?
   You may file with either or both. The Division of Human and Civil Rights is Delaware’s state-level enforcer, while HUD offers federal support.

Need Help? Resources for Renters

• Delaware Division of Human and Civil Rights — Investigates and enforces housing discrimination complaints statewide. Phone: (302) 761-8200.
• HUD Fair Housing LGBTQ+ Resources
• Delaware Justice of the Peace Court — Handles residential landlord-tenant legal cases in Delaware.
• Legal Help Link Delaware — Connects to free and low-cost legal support for renters.

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1. Delaware Fair Housing Act, Title 6, Chapter 46, Delaware Code
2. U.S. Department of Housing and Urban Development – Fair Housing Equal Opportunity
3. Delaware Division of Human and Civil Rights
4. Delaware Justice of the Peace Court

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