Key Takeaways
- Delaware Fair Housing Act provides protections enforced by the Delaware Human Relations Commission
- Protected classes include the federal classes plus additional state protections
- The Delaware Human Relations Commission investigates complaints and can impose penalties
- Complaints must be filed within specified timeframes
- Violations can result in civil penalties, actual damages, and injunctive relief
Delaware Fair Housing Laws
Delaware has its own fair housing law that complements and may expand federal protections.
Delaware Fair Housing Act
The Delaware Fair Housing Act prohibits discrimination in housing.
Protected Classes
Delaware law prohibits discrimination based on:
| Protected Class | Coverage |
|---|---|
| Race | Federal and Delaware |
| Color | Federal and Delaware |
| Religion | Federal and Delaware |
| Sex | Federal and Delaware |
| National Origin | Federal and Delaware |
| Disability | Federal and Delaware |
| Familial Status | Federal and Delaware |
| Marital Status | Delaware addition |
| Source of Income | Delaware addition |
| Sexual Orientation | Delaware addition |
| Gender Identity | Delaware addition |
Delaware Additions: Delaware provides additional protections beyond the seven federal protected classes.
Enforcement
Delaware Human Relations Commission
The Delaware Human Relations Commission enforces state fair housing law:
- Investigates complaints
- Mediates disputes
- Takes enforcement action
- Coordinates with HUD
Filing Complaints
| Agency | Timeframe |
|---|---|
| Delaware Human Relations Commission | Within specified period |
| HUD | Within 1 year |
Either agency can investigate and take action.
Prohibited Acts
Delaware law prohibits:
- Refusing to sell or rent based on protected class
- Discriminating in terms of sale or rental
- Discriminatory advertising or statements
- Representing unavailability when available
- Blockbusting - Inducing panic selling
- Steering - Directing to/from neighborhoods
- Discriminatory lending - Unequal loan terms
- Discriminating in services - Denial of services based on protected class
Advertising Guidelines
All advertising must:
- Use the Equal Housing Opportunity logo or statement
- Avoid language suggesting preferences for protected classes
- Comply with HUD advertising guidelines
Penalties
Civil Penalties
| Offense | Potential Penalty |
|---|---|
| First violation | Civil penalties |
| Repeat violations | Increased penalties |
| Pattern of discrimination | Maximum penalties |
Other Remedies
- Actual damages
- Punitive damages
- Injunctive relief
- Attorney's fees
Exemptions
Limited exemptions exist:
| Exemption | Conditions |
|---|---|
| Owner-occupied (limited units) | Specific conditions apply |
| Single-family (FSBO) | No broker, no discriminatory advertising |
| Religious organizations | For members |
| Private clubs | For members |
| Senior housing | Meets age requirements |
Important: Even with exemptions, real estate licensees cannot participate in discrimination.
Reasonable Accommodations
Delaware law requires:
- Reasonable accommodations for disabilities
- Permission for reasonable modifications
- Service animals must be permitted
- No pet deposits for assistance animals
Which class is protected under Delaware fair housing law but not specifically under federal law?
Which agency enforces Delaware fair housing law?