Understanding LIHTC Affordable Housing in Delaware

Finding affordable housing can be a challenge, but Delaware residents have access to Low-Income Housing Tax Credit (LIHTC) properties. These properties are designed to provide safe, quality rental options at reduced rates for qualifying low- and moderate-income renters. Understanding how LIHTC properties operate, renter rights, and application steps can help you secure affordable housing and ensure your rights under Delaware law are protected.

What Are LIHTC Properties in Delaware?

LIHTC stands for Low-Income Housing Tax Credit, a federal program encouraging developers to build or preserve affordable rental housing. In Delaware, the Delaware State Housing Authority (DSHA) oversees the allocation of these credits and maintains a directory of participating properties.^[1]

Benefits of LIHTC Housing

• Below-market rent: Rents are generally lower than typical market rates for similar units.
• Quality standards: Properties must meet safety and maintenance rules.
• Tenant protections: Landlords must follow fair housing and non-discrimination requirements.

Eligibility Requirements for Delaware LIHTC Properties

To qualify for an LIHTC apartment, you typically must:

• Earn less than a specific percentage of the area median income (AMI), usually 50% or 60% (income limits vary by property and family size).
• Pass basic screening, such as background checks.

Income limits and application details are available in the Delaware LIHTC Application.^[2]

How to Apply for LIHTC Housing in Delaware

• Find eligible properties: Check the DSHA official LIHTC property list.
• Contact the property manager directly to ask about availability and special rules.
• Complete the required property-specific application and supporting documents.

LIHTC properties often have waitlists, so apply to multiple communities if possible.

Your Rights as a LIHTC Renter in Delaware

Living in an LIHTC property means you have rights protected by Delaware rental law, as well as federal fair housing rules. Key rights include:

• Protection from discrimination under the Fair Housing Act.
• Right to a habitable, properly maintained home as provided by the Delaware Residential Landlord-Tenant Code.^[3]
• Right to notice before rent increases or eviction.

Important Forms for Delaware Renters

• Delaware Rental Assistance Program Application (used when applying for rent help; DRAP Application): If you face a sudden hardship and need help paying rent at your LIHTC apartment, use this form to apply for state emergency rental assistance.
• Notice of Defective Condition (No Form Number): If your property has serious maintenance issues, you can provide a written notice (no official form required) to your landlord as required by Delaware law.
• Complaint for Summary Possession: If you receive an eviction notice and wish to respond or contest, use this process and form. Accessible via the Delaware Justice of the Peace Court website.

The Delaware Justice of the Peace Court hears landlord-tenant disputes in Delaware.

Staying Informed: Rent Increases and Lease Changes

LIHTC properties must notify renters before raising the rent. In Delaware, landlords must provide at least 60 days' written notice before a rent increase for most leases. Double-check your lease for any unique terms.

All tenants are protected by the Delaware Residential Landlord-Tenant Code, which includes rules for notice, repairs, and eviction.

FAQ: Delaware LIHTC Renter Rights

1. How do I find LIHTC properties in Delaware?
   You can search the official DSHA list of income-restricted rental communities.
2. What income level is required to qualify?
   Most applicants must have incomes at or below 60% of the area median income (AMI). Income limits vary by family size—see the DSHA website for the current chart.
3. What are my rights if my LIHTC apartment needs repairs?
   You can submit a written request to your landlord. Under Delaware law, if repairs are not completed within a reasonable time, you may have the right to pursue remedies, like rent withholding, following the steps outlined in the Delaware Residential Landlord-Tenant Code.
4. Can my landlord refuse me for an LIHTC apartment?
   Landlords can screen applicants based on income, credit, and rental history, but cannot discriminate based on race, color, religion, sex, familial status, disability, or national origin (Fair Housing Act).
5. Who handles disputes for LIHTC renters in Delaware?
   The Delaware Justice of the Peace Court handles residential tenancy disputes.

Conclusion: Key Takeaways for Delaware Renters

• LIHTC properties offer affordable, regulated housing for Delaware renters to ease cost burdens.
• Know your rights under state and federal law—protection from discrimination, fair notice of rent increases, and required habitability standards.
• If you face issues, use official Delaware resources, forms, and state agencies for help.

With proper information and guidance, you can access safe, affordable housing and confidently assert your rights.

Need Help? Resources for Renters

• Delaware State Housing Authority: LIHTC Directory
• Justice of the Peace Court—Landlord/Tenant Claims
• Delaware Rental Assistance Program (DRAP)
• Delaware Residential Landlord-Tenant Code
• HUD: Fair Housing Act Overview

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1. Delaware State Housing Authority, "Low-Income Housing Tax Credit (LIHTC)": https://www.destatehousing.com/Renters/lihtc/
2. Delaware LIHTC Application Form: https://www.destatehousing.com/Renters/lihtc/db/partners/delaware-lihtc-application.pdf
3. Delaware Residential Landlord-Tenant Code: https://delcode.delaware.gov/title25/c051/index.html

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