Delaware Fair Housing Compliance: Laws & Protected Classes Guide

Key Takeaways

• Delaware fair housing laws prohibit discrimination based on 13 protected characteristics
• Protected classes include race, color, national origin, religion, creed, sex, marital status, familial status, source of income, age, sexual orientation, gender identity, and disability
• Violations can result in significant penalties and legal consequences
• Property managers and housing providers should implement comprehensive compliance programs
• Regular training and automated screening tools can help prevent violations

Delaware's fair housing laws provide broad protections against housing discrimination, building upon federal Fair Housing Act requirements while adding several state-specific protected classes. Understanding and complying with these laws is essential for property managers, real estate professionals, and housing providers operating in Delaware.

Ready to ensure your listings are always compliant? Schedule a demo with FairSentry to see how FairSentry can automatically screen your content for potential violations.

Delaware Protected Classes

Delaware law (Title 6, Chapter 46, Section 4603) prohibits housing discrimination based on the following protected characteristics:

• Race
• Color
• National Origin
• Religion
• Creed
• Sex
• Marital Status
• Familial Status (including pregnancy)
• Source of Income
• Age
• Sexual Orientation
• Gender Identity
• Disability

This comprehensive list exceeds federal protections by including additional classes such as source of income, age, sexual orientation, and gender identity. Housing providers must ensure their policies and practices do not discriminate against any of these protected groups.

Prohibited Discriminatory Practices

Under Delaware law, it is illegal to engage in the following discriminatory practices:

1. Refusing to sell, rent, or negotiate for housing
2. Setting different terms, conditions, or privileges for different groups
3. Making housing unavailable or denying housing exists
4. Advertising or making statements indicating preference or discrimination
5. Steering prospective tenants to or away from certain neighborhoods
6. Refusing reasonable accommodations for persons with disabilities
7. Discriminating in mortgage lending or other housing-related services

Compliance Best Practices

To maintain compliance with Delaware fair housing laws, consider implementing these best practices:

1. Written Policies and Procedures

Develop clear, written policies that: - Define fair housing requirements - Establish screening criteria - Outline accommodation request procedures - Set consistent rental terms and conditions

2. Staff Training

Regular training should cover: - Protected classes under Delaware law - Prohibited discriminatory practices - Proper handling of reasonable accommodation requests - Fair housing advertising guidelines - Documentation requirements

3. Screening Process

Implement consistent screening procedures: - Use standardized rental applications - Apply identical qualification criteria to all applicants - Document all decisions - Maintain records of all applications and communications

4. Marketing and Advertising

Ensure all marketing materials: - Avoid discriminatory language - Include the Equal Housing Opportunity logo - Are reviewed for compliance before publication - Reach diverse audiences

For more guidance on compliant advertising, see our guide on preventing discriminatory language in property advertisements.

5. Reasonable Accommodations

Establish procedures for: - Receiving accommodation requests - Evaluating requests promptly - Documenting decisions - Implementing approved accommodations

6. Documentation

Maintain thorough records of: - All applications and screening decisions - Accommodation requests and responses - Maintenance requests and responses - Tenant communications - Marketing materials

Common Compliance Challenges

Source of Income Discrimination

Delaware's protection of source of income means housing providers cannot discriminate against applicants based on: - Housing Choice Vouchers (Section 8) - Social Security benefits - Disability benefits - Other lawful sources of income

Learn more about common fair housing violations and prevention strategies.

Disability Accommodations

Housing providers must: - Allow reasonable modifications to units - Permit service animals and emotional support animals - Make reasonable policy exceptions when necessary - Maintain accessible features in common areas

For detailed guidance on handling emotional support animals, see our compliance guide for property managers.

Digital Compliance

Modern housing providers must ensure compliance across: - Property listings - Social media posts - Website content - Digital marketing materials

Learn more about digital marketing compliance.

Technology Solutions for Compliance

Using technology can help maintain compliance:

• Automated screening tools for listing content
• Property management software for consistent application processing
• Document management systems for record-keeping
• Training platforms for staff education

Want to automate your fair housing compliance? Contact FairSentry to learn how our AI-powered tools can help prevent violations before they occur.

FAQ

What penalties can result from Delaware fair housing violations?

Violations can result in civil penalties, damages, attorney fees, and mandatory training requirements. The exact penalties depend on the nature and severity of the violation.

Are there any exemptions to Delaware fair housing laws?

While there are limited exemptions for certain owner-occupied buildings and religious organizations, these exemptions are narrow and should be carefully verified with legal counsel before being relied upon.

How long should housing providers retain fair housing documentation?

Best practice is to retain all fair housing-related documentation for at least three years, though longer retention periods may be advisable for certain documents.

What should I do if I receive a discrimination complaint?

Take all complaints seriously, document everything, respond promptly, and consider consulting with legal counsel. Many violations can be resolved through proper communication and documentation.

Conclusion

Compliance with Delaware fair housing laws requires ongoing attention and proactive measures. Property managers and housing providers should:

• Stay informed about current requirements
• Implement comprehensive compliance programs
• Provide regular staff training
• Use available technology solutions
• Maintain thorough documentation

By following these guidelines and staying current with fair housing requirements, housing providers can help ensure equal access to housing while protecting themselves from potential violations and liability.

Remember that fair housing compliance is an ongoing process, not a one-time effort. Regular review and updates of policies and procedures, combined with consistent staff training and the use of modern compliance tools, provide the best protection against violations.