Delaware Tenant Rights: Protection from Familial Status Discrimination

Renters in Delaware are protected under state and federal fair housing laws that prohibit discrimination based on familial status. This means landlords cannot deny, limit, or unfairly treat you for having children, being pregnant, or seeking custody of a child. Understanding your legal protections empowers you and helps ensure equal access to housing.

What Is Familial Status Discrimination?

Familial status discrimination is when a landlord or housing provider treats you unfairly because your household includes children under 18, you’re pregnant, or you’re seeking custody of a child. The Fair Housing Act and Delaware Fair Housing Act both make this illegal.

• Refusing to rent or renew to someone with children
• Imposing different lease terms because you have children
• Steering families with children away from certain units or buildings
• Setting unreasonable occupancy limits for families

Both federal and Delaware state law protect you from these practices.

Your Rights as a Renter in Delaware

It’s unlawful for landlords and property managers to:

• Refuse to rent, sell, or negotiate housing because of familial status
• Set different terms, conditions, or privileges for families with children
• Advertise that families with children are not welcome

Relevant Delaware Legislation

The Delaware Fair Housing Act (Title 6, Chapter 46) is the main state law protecting renters from familial status discrimination. It aligns closely with federal protections under the Fair Housing Act.¹

How to File a Discrimination Complaint

If you feel you’ve been discriminated against because of familial status, you can file an official complaint with the Delaware Division of Human and Civil Rights, the agency overseeing housing discrimination cases. Here’s what you should know:

• Timeline: You generally have up to one year from the incident to file a complaint.
• Evidence: Keep records of communications, application denials, or discriminatory statements.

Official Form: Delaware Fair Housing Discrimination Intake Form

• Form Name: Housing Discrimination Intake Form (no form number)
• When to Use: File if you believe a landlord denied you housing or treated you unfairly due to your familial status.
• How to Use: Describe what happened, who was involved, and submit supporting documents if possible.
• Where to Find: Official Delaware Housing Discrimination Complaint Form (PDF)

The Delaware Division of Human and Civil Rights (DHRC) investigates housing discrimination complaints. Find more guidance on their official website.

Which Tribunal Handles My Case?

Complaints in Delaware are reviewed by the Delaware Division of Human and Civil Rights. They enforce fair housing laws and may mediate or investigate your case. Cases may also be referred to federal agencies as appropriate.

Common Examples of Familial Status Discrimination

Understanding what counts as discrimination can help you recognize unfair treatment. Examples include:

• A landlord refuses to show you an apartment because you have children
• Being told children can only live in certain parts of the apartment complex
• Charging higher rent or security deposits because you have a family

If any of these happen to you, consider documenting what occurred and contacting the Delaware Division of Human and Civil Rights.

How to Protect Yourself

Families can protect their rights by keeping clear communication with landlords and maintaining written records. If you believe you face discrimination:

• Ask your landlord to put any denial or conditions in writing
• Save emails, texts, or voicemails
• Use the intake form to start an official complaint

FAQ: Familial Status Discrimination in Delaware Rentals

1. What does 'familial status' mean under Delaware law?
   It refers to households with children under 18, pregnant people, and those seeking custody of a child. Landlords cannot treat you differently for these reasons.
2. Can a landlord limit where families with children live within an apartment complex?
   No, Delaware law prohibits landlords from restricting families with children to specific buildings or floors.
3. Is it legal for a landlord to advertise 'adults only' apartments?
   No, advertising that singles out or discourages families with children is generally illegal unless the property qualifies as senior housing.
4. Is there a government agency I can contact for help?
   Yes, you can contact the Delaware Division of Human and Civil Rights for guidance or to file a complaint.
5. Does the Delaware Fair Housing Act cover both rental and home purchase discrimination?
   Yes. The law applies to renting, buying, or financing housing.

Conclusion: Your Key Takeaways

• Delaware law protects renters and buyers from familial status discrimination
• You have the right to fair and equal housing, regardless of your family situation
• The Delaware Division of Human and Civil Rights is your main resource for filing complaints

Staying informed and documenting all communications is the best way for families to safeguard their rental rights.

Need Help? Resources for Renters

• Delaware Division of Human and Civil Rights (DHRC) – Fair Housing Information
• Download the Official Fair Housing Discrimination Complaint Form
• Delaware Fair Housing Act – Full Legislation
• U.S. Department of Housing and Urban Development – Fair Housing

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1. Delaware Fair Housing Act (6 Del. C. § 4600 et seq.)
2. Federal Fair Housing Act
3. Delaware Division of Human and Civil Rights – Fair Housing

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