4.2 Delaware Fair Housing Laws

Delaware Goes Beyond Federal Law

Federal fair housing (the Fair Housing Act, 42 U.S.C. 3601) protects seven classes: race, color, religion, national origin, sex, disability, and familial status. The Delaware Fair Housing Act (6 Del. C. Chapter 46) keeps all seven and adds several more. Knowing exactly which classes are Delaware additions is the most heavily tested point in this section.

Protected Classes Side by Side

Exam anchor: If an option lists source of income, sexual orientation/gender identity, age, marital status, or military status as protected, that is the Delaware addition — federal law does not name these.

What "Source of Income" Means in Practice

Protecting source of income means a housing provider generally cannot reject an applicant solely because their income comes from a lawful source such as a Housing Choice Voucher (Section 8), Social Security, child support, or disability benefits. A landlord who advertises "no Section 8" or who screens out voucher holders as a group is exposed to a Delaware violation even though federal law alone would not reach that conduct.

Prohibited Conduct

Delaware mirrors and extends the federal prohibitions. A licensee may not:

1. Refuse to sell, rent, or negotiate because of a protected class.
2. Set different terms, conditions, or privileges (rent, deposit, fees) based on a protected class.
3. Make discriminatory statements or advertising indicating any preference or limitation.
4. Represent that a dwelling is unavailable when it is in fact available.
5. Blockbusting — inducing owners to sell by suggesting a protected group is moving in.
6. Steering — channeling buyers toward or away from neighborhoods based on a protected class.
7. Discriminate in lending or appraisal (redlining, unequal terms).

Trap: Steering is illegal even when the agent believes they are being helpful ("You'll feel more comfortable in this area"). Answer the buyer's objective questions about schools or crime by pointing to public data sources, not by selecting neighborhoods for them.

Advertising

Use the Equal Housing Opportunity logo or slogan and avoid words that signal a preference (e.g., "adult building," "perfect for a Christian family," "no kids"). Describe the property, not the ideal occupant.

Assistance Animals and Accommodations

Delaware requires housing providers to grant reasonable accommodations (rule changes) and permit reasonable modifications (physical changes) for people with disabilities.

Enforcement and Exemptions

The Delaware Division of Human and Civil Rights (which absorbed the former Human Relations Commission) investigates complaints, attempts conciliation, and refers matters for enforcement; it coordinates with HUD. A complainant may also file with HUD within one year of the act. Remedies include actual and punitive damages, civil penalties, injunctive relief, and attorney's fees.

Limited exemptions exist (owner-occupied buildings of a few units, certain religious organizations and private clubs serving members, and qualified senior/55+ housing). Critical: these exemptions protect certain owners, never licensees — a real estate professional may never participate in discriminatory conduct, and the advertising ban applies even when an underlying sale is exempt.

How Federal and State Law Stack Together

A Delaware licensee must satisfy both layers of fair-housing law simultaneously. Federal law sets the floor; Delaware raises it. Because the state classes are broader, a course of conduct that is technically permissible under the federal Act can still be illegal in Delaware. The practical rule for the exam: when a fact pattern involves age, marital status, source of income, sexual orientation, gender identity, or military status, reach for Delaware law, because federal law alone would not protect those groups.

Disparate Treatment vs. Disparate Impact

Fair-housing violations come in two forms:

• Disparate treatment — intentionally treating someone worse because of a protected class (refusing to show a unit to a same-sex couple). Intent is the key.
• Disparate impact — a facially neutral policy that disproportionately burdens a protected class without a legitimate, narrowly tailored justification (a blanket "no vouchers" rule, or an arbitrary income multiple that screens out voucher holders). No discriminatory intent is required for liability.

Licensees often stumble into disparate impact through well-meaning but rigid policies. The defense is to apply objective, consistently documented criteria to every applicant.

Practical Scripts That Keep You Compliant

Familial Status and Occupancy

Familial status protects households with children under 18 and pregnant persons. A licensee may not steer families to "family buildings" or quote different terms. Occupancy limits must be based on legitimate, uniformly applied health-and-safety standards (square footage, bedrooms), never on a desire to discourage children. Senior 55+/62+ housing is the narrow exception, and it must meet strict HUD age-verification standards to qualify.

Bottom line: Describe the property, apply the same objective screening to everyone, document your decisions, and route any neighborhood or demographic question to neutral public data. Doing so protects against both disparate-treatment and disparate-impact claims under Delaware's broader Act.