Protected Classes and Fair Housing Rights in Delaware

If you're renting a home or apartment in Delaware, it's important to know your rights under state and federal fair housing laws. Delaware adds extra protections beyond national laws, helping ensure all renters receive fair, equal treatment no matter where they live. This guide covers which groups are protected, what behaviors are considered discrimination, and how you can take action if you face unfair treatment in housing.

Who Is Protected? Understanding Delaware's Protected Classes

Delaware law makes it illegal for landlords, property managers, or real estate agents to discriminate against renters based on certain personal characteristics. These are known as 'protected classes.' Discrimination can affect your ability to find a home, renew your lease, or even feel secure in your living space. Knowing your rights gives you the power to recognize—and report—illegal conduct.

Protected Classes Under Delaware Fair Housing Laws

• Race
• Color
• National origin
• Religion
• Sex (including gender identity and sexual orientation)
• Familial status (protects households with children under 18, pregnant people, or those seeking custody)
• Disability
• Marital status
• Age
• Source of income (such as Section 8 housing vouchers)
• Victims of domestic violence, sexual offenses, or stalking

These protections apply at every stage of the rental process, including applications, advertising, leasing terms, repairs, and lease renewal or termination. Read Delaware’s official Fair Housing regulations.

What Counts as Housing Discrimination?

Discrimination can be direct or subtle. Any of the following actions may be illegal if done because of a protected class status:

• Refusing to rent, renew, or show a dwelling
• Setting different rental terms, conditions, or privileges
• Offering different services or facilities
• Making discriminatory statements in advertisements or during interviews
• Harassing or intimidating tenants
• Failing to provide reasonable accommodations for tenants with disabilities (for example, allowing a service animal)

How to File a Fair Housing Complaint in Delaware

If you face housing discrimination, you can file a formal complaint with the Delaware Division of Human Relations (official state agency for fair housing enforcement). This agency investigates complaints and enforces anti-discrimination laws for housing in Delaware.

Official Forms for Reporting Discrimination

• Delaware Fair Housing Discrimination Complaint Form
  • Form Name: Housing Discrimination Complaint Form
  • When and How to Use: Use this form if you believe you have been refused housing or treated unfairly due to one of the protected class statuses listed above. For example, if a landlord rejects your application after discovering you have children, you can file this complaint.
  • Access and file the Housing Discrimination Complaint Form

Complaints can be filed online, by mail, or in person at the Division's offices. Be prepared to provide details about what happened, your rental history, and any written communications you have with your landlord or property manager.

What Happens After You File a Complaint?

Once your complaint is received, the Division of Human Relations will:

• Review your complaint for legal merit
• Contact you for more information or documentation
• Notify the landlord or property owner for their response
• Conduct an investigation and possibly facilitate settlement discussions
• In some cases, arrange for a hearing before the official Delaware Human and Civil Rights Commission

For more information about steps after filing, see Delaware’s complaint process overview.

Relevant Housing Law and Tribunal

The main law protecting renters from discrimination in Delaware is the Delaware Fair Housing Act (6 Del. C. Chapter 46). The Delaware Human and Civil Rights Commission is the agency responsible for hearing and ruling on housing discrimination cases.

FAQ: Delaware Fair Housing Protected Classes

1. Who can I contact if my landlord discriminates against my source of income?
   The Delaware Division of Human Relations investigates complaints where landlords refuse to accept lawful sources of income, including housing vouchers or public assistance.
2. Am I protected if I have children or am pregnant?
   Yes, "familial status" is a protected class. Landlords may not refuse to rent to you based on having children under 18 or being pregnant.
3. How soon should I file a fair housing complaint?
   It's best to file as quickly as possible. In Delaware, you typically have one year from the alleged act of discrimination to submit your complaint.
4. Do these protections apply to all rental properties?
   Most residential properties are covered, but some owner-occupied small properties and certain religious organizations may be exempt. Check the Delaware Fair Housing Act for details.
5. What if I need a reasonable accommodation for my disability?
   Your landlord is required under Delaware law to make reasonable accommodations or adjustments for disabilities, such as allowing a service animal, unless doing so is an undue hardship.

Conclusion: Key Takeaways for Delaware Renters

• Delaware law protects renters from discrimination based on factors like race, age, familial status, disability, and more.
• If you experience any form of housing discrimination, you have the right to file a complaint and seek help from the Delaware Division of Human Relations.
• Stay informed of your rights and use official resources to get support when you need it.

Need Help? Resources for Renters

• Delaware Division of Human Relations – Agency responsible for enforcing fair housing laws and processing complaints (Phone: 302-577-5050).
• Submit a Fair Housing Complaint Online
• Delaware Fair Housing Act (6 Del. C. Chapter 46)
• Delaware Attorney General – Housing Protection Unit
• Legal Help Link — Delaware Legal Help for Renters

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1. Delaware Fair Housing Act: 6 Del. C. Chapter 46
2. Delaware Division of Human Relations – Filing a Complaint: File a Housing Discrimination Complaint
3. Delaware Human and Civil Rights Commission: Commission info and tribunal details
4. Delaware Attorney General – Housing: AG Housing Unit
5. Legal Help Link — Delaware: Delaware Legal Help for Housing

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