Filing a Housing Discrimination Complaint in Delaware

If you're a renter in Delaware and think you’ve faced unfair treatment due to your race, gender, disability, or another protected characteristic, you have important rights under fair housing laws. Understanding how to file a housing discrimination complaint in Delaware can ensure your concerns are heard and addressed. This guide explains your options, the process, and the resources available to help.

Understanding Housing Discrimination Laws in Delaware

Both federal and Delaware state law protect tenants and applicants from discrimination based on specific characteristics. Under the federal Fair Housing Act and the Delaware Fair Housing Act, it is illegal for a landlord or housing provider to:

• Deny housing based on race, color, national origin, religion, sex (including gender identity/expression and sexual orientation), familial status, disability, source of income, or age
• Offer different rental terms, conditions, or services to some people but not others
• Refuse reasonable accommodations for tenants with disabilities

You are protected whether you’re renting an apartment, a single-family house, or seeking housing assistance.

Where to File a Complaint: Delaware's Fair Housing Enforcement Agency

In Delaware, the Delaware Division of Human and Civil Rights (formerly the Division of Human Relations) is the agency that handles housing discrimination complaints. This agency investigates alleged violations and can offer remedies or refer your case to federal partners if necessary.

Key Forms and How to Use Them

Housing Discrimination Complaint Form (No form number)

Delaware’s Housing Discrimination Complaint Form is the official document you’ll submit to start the process. You can use it if you believe a landlord, rental agent, or property manager has discriminated against you. The form asks for:

• Your contact information
• The landlord’s or provider’s contact details
• Facts about what happened, including dates and witnesses

Example: If you were refused an apartment after disclosing your disability or source of income, use this form to file a complaint with the Division of Human and Civil Rights. Download and access the official form here.

Alternative: File Through HUD

While Delaware’s agency is the primary contact, you can also submit a housing discrimination complaint directly to the U.S. Department of Housing and Urban Development (HUD). However, most Delaware residents start at the state level for local support.

Steps to File a Housing Discrimination Complaint in Delaware

Filing a complaint is a straightforward process. You do not need a lawyer, and there is no cost to file.

• Fill out the Housing Discrimination Complaint Form as completely as possible.
• Submit your completed form in one of three ways:
  • Email: Ombudsman@Delaware.gov
  • Mail: Delaware Division of Human and Civil Rights, 820 N. French St., 4th Floor, Wilmington, DE 19801
  • In Person: Same address as above. It’s best to call ahead at (302) 577-5050.
• After you file, an investigator from the agency will contact you for more information. They may interview the landlord and review documents.
• The Division will try mediation, and if necessary, may schedule a formal hearing.
• If your rights have been violated, the agency can order remedies such as allowing you to rent the property or awarding damages.

What Happens After You File?

Once your complaint is received, Delaware’s agency will:

• Decide whether your complaint meets the legal requirements
• Contact all parties for information and evidence
• Attempt to resolve the dispute through voluntary mediation
• Schedule a hearing before the official Delaware Human and Civil Rights Commission, if necessary. Learn more about the Commission's process here.

The process is designed to be accessible and as quick as possible, but resolution times can vary. Stay in touch with the assigned investigator for updates.

Your Rights Under Delaware Law

The right to fair housing is protected by the Delaware Fair Housing Act and the federal Fair Housing Act. Delaware also protects against discrimination based on source of income and age, which go beyond federal law.

Common Examples of Housing Discrimination

• A landlord refuses to rent to you because of a Section 8 voucher (protected “source of income”)
• You’re told only certain buildings are available because of your race or family status
• Being denied an accommodation for a disability, such as a service animal

FAQ: Delaware Housing Discrimination Complaints

1. How long do I have to file a housing discrimination complaint in Delaware?
   Generally, you must file within one year of the alleged discrimination. Acting promptly is important, as delays can affect your ability to seek remedies.
2. Is there a fee to file a complaint?
   No, there is no cost to submit a housing discrimination complaint with the Delaware Division of Human and Civil Rights.
3. What evidence should I submit?
   Include any emails, texts, letters, applications, advertisements, or witness information that support your claim. The more detail you provide, the better.
4. Can my landlord retaliate if I file a complaint?
   Retaliation against tenants for filing a discrimination complaint is illegal under Delaware law. If this happens, report it immediately to the agency.
5. What types of housing are covered?
   Most residential housing is covered, including apartments, single-family homes, and government-assisted housing. Limited exemptions exist for owner-occupied buildings with four or fewer units.

Key Takeaways

• Delaware law strongly protects renters from housing discrimination
• Filing a complaint is free, simple, and confidential
• Use the official state form and get support if you’re unsure about your situation

Need Help? Resources for Renters

• Delaware Division of Human and Civil Rights — file a complaint, check your case status, or get advice
• Phone: (302) 577-5050 (Wilmington office) or (302) 739-4567 (Dover office)
• Email: Ombudsman@Delaware.gov
• U.S. Department of Housing and Urban Development—Fair Housing
• Delaware Fair Housing Act: Legislation text
• For additional support: Contact local legal aid, such as Community Legal Aid Society, Inc. (CLASI) at declasi.org

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1. Delaware Fair Housing Act (6 Del. C. c. 46)
2. U.S. Department of Housing and Urban Development: File a Complaint
3. Delaware Division of Human and Civil Rights (Fair Housing)
4. Delaware Housing Discrimination Complaint Form

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