Illegal Rental Advertisement Language in Delaware

Renting in Delaware brings important protections for renters, especially when it comes to how housing is advertised. Understanding what advertising language is illegal helps tenants recognize discrimination and know their rights under Delaware and federal law. If a rental listing seems unfair or exclusionary, understanding the rules can empower you to respond effectively.

What Makes Rental Ad Language Illegal in Delaware?

Delaware law—working alongside federal protections—strictly prohibits housing ads that discriminate or show preference based on certain personal characteristics. This means landlords and property managers cannot use words, phrases, or images that suggest renters are accepted or rejected because of:

• Race, color, or ethnicity
• National origin
• Religion
• Sex or gender (including gender identity and sexual orientation)
• Disability (physical or mental)
• Familial status (such as having children under 18)
• Source of income (protected by state law)

Federal law covers many of these protections under the Federal Fair Housing Act.^[1] Delaware's additional protections include source of income discrimination, meaning tenants using government assistance (like Section 8 vouchers) cannot be excluded in ads.^[2]

Examples of Illegal Advertisement Language

Here are some phrases and descriptions that would likely be illegal in Delaware apartments or house listings:

• "No children" or "adults only" (discriminates against families)
• "Perfect for singles only" (could exclude families or couples)
• "No Section 8" or "no vouchers" (discriminates by source of income)
• "Christian home" or "must speak English" (could discriminate based on religion or national origin)
• "Ideal for female professionals" unless the property is in a qualified shared living situation

These types of statements are prohibited, even if the rental provider did not intend to discriminate. What matters is the impact and message the ad sends to potential applicants.

Where to Report Discriminatory Rental Listings

If you come across a rental ad that uses illegal language or appears discriminatory, you have the right to report it. In Delaware, the main agency responsible is the Delaware Division of Human and Civil Rights (part of the Delaware Department of State).^[3] They enforce state-level fair housing rights and can investigate complaints about discriminatory advertising.

How to File a Housing Discrimination Complaint

• Form: Housing Discrimination Complaint Form (no specific number)
  When to use: If you believe a rental listing or landlord has violated your fair housing rights based on advertising or other discriminatory acts.
  How to use: Complete the form and provide details of the advertisement (screenshots help). File with the Delaware Division of Human and Civil Rights complaint portal.
• Federal Option: You may also file a complaint with the U.S. Department of Housing and Urban Development (HUD) if your case involves federal law.

Relevant Delaware Fair Housing Legislation

Delaware's key legislation on this issue is the Delaware Fair Housing Act (Title 6, Chapter 46).^[2] This law covers both overt and subtle forms of discriminatory language in housing advertisements.

The main tribunal handling residential tenancy and fair housing matters in Delaware is the Delaware Division of Human and Civil Rights. For most landlord-tenant disputes unrelated to discrimination, the Justice of the Peace Court: Landlord-Tenant Cases is used.

Key Takeaways on Illegal Rental Advertising Language

• Any ad that suggests preference or exclusion based on protected characteristics is likely illegal.
• Delaware law specifically prohibits discrimination by "source of income," so references to vouchers or government assistance are not allowed.
• Reporting illegal ads helps make housing fairer and safer for everyone.

1. What words or phrases should I look for in a Delaware rental ad that might be illegal?
   Ads saying "no kids," "no vouchers," "adults only," or mentioning a particular religion, race, or gender may indicate discrimination.
2. Who investigates discriminatory rental advertising in Delaware?
   The Delaware Division of Human and Civil Rights investigates fair housing complaints and enforces state laws about housing discrimination.
3. Can a landlord exclude tenants using housing vouchers in ads?
   No. Delaware law makes it illegal for landlords to refuse tenants or mention exclusion based on "source of income," including housing vouchers.
4. How do I file a fair housing complaint about an ad?
   You can file a complaint with the Delaware Division of Human and Civil Rights online. Save the ad for evidence and fill out the Housing Discrimination Complaint Form.
5. Is a landlord allowed to advertise for "Christian tenants only"?
   No, specifying a religion in any rental ad is illegal in Delaware.

Need Help? Resources for Renters

• Delaware Division of Human and Civil Rights – File complaints or get housing rights guidance
• Justice of the Peace Court: Landlord-Tenant Section – For landlord-tenant dispute information
• HUD Fair Housing Complaint Information – Federal complaint process and protections

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1. The federal Fair Housing Act establishes nationwide rules about discriminatory housing practices: Read the Fair Housing Act
2. The Delaware Fair Housing Act details state-specific protections: See Title 6, Chapter 46, Delaware Code
3. Contact and complaint instructions are provided by the Delaware Division of Human and Civil Rights

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