§ 5116 — Fair housing provisions [For application of this section, see 84 Del. Laws, c. 358, § 4] [Effective Dec. 31, 2028]

Delaware § 5116

• Jurisdiction: Delaware
• Title: 25
• Part: Residential Landlord-Tenant Code
• Ch. 51: GENERAL PROVISIONS
• Subch.: Rights, Obligations and Procedures, Generally

Text

(a) No person, being an owner or agent of any real estate, house, apartment or other premises, may refuse or decline to rent, subrent, sublease, assign, or cancel any existing rental agreement to or of any tenant or any person by reason of race, creed, religion, marital status, color, sex, sexual orientation, gender identity, national origin, disability, age, source of income, occupation, military status, housing status, familial status, or any other basis protected under Chapter 46 of Title 6.

(b) No person may demand or receive a greater sum as rent for the use and occupancy of any premises because the person renting or desiring to rent the premises is of a particular race, creed, religion, marital status, color, sex, sexual orientation, gender identity, national origin, disability, age, source of income, occupation, military status, housing status, familial status, or any other basis protected under Chapter 46 of Title 6.

(c) In the event of discrimination under this section, the tenant may recover damages sustained as a result of the landlord’s action, including reasonable expenditures necessary to obtain adequate substitute housing.

(d) (1) Notwithstanding subsection (a) of this section relating to age discrimination, and consistent with the federal Fair Housing Act [42 U.S.C. § 3601 et seq.] and the Delaware Fair Housing Act, Chapter 46 of Title 6, a landlord may make rental units available exclusively for rental by senior citizens.

(2) A senior citizen rental unit under paragraph (d)(1) of this section must otherwise be available for rent solely to senior citizens, without regard to race, creed, religion, marital status, color, sex, sexual orientation, gender identity, national origin, disability, source of income, occupation, military status, housing status, familial status, or any other basis protected under Chapter 46 of Title 6.

(e) A landlord not be required to participate in any government-sponsored rental assistance program, voucher, or certificate system. A landlord’s nonparticipation in any government-sponsored rental assistance program, voucher, or certificate system may not serve as the basis for any administrative or judicial proceeding under this chapter.

(f) The prohibitions in this section against discrimination based on source of income shall not limit the ability of a landlord participating in any government sponsored rental assistance program, voucher, or certificate system from reserving rental units for tenants who qualify for such governmental program.

(g) The prohibitions in this chapter against discrimination based on source of income shall not limit the ability of any landlord or prospective landlord to consider the sufficiency or sustainability of income of, or the credit rating of, a tenant or prospective tenant, so long as sufficiency or sustainability of income, and the credit requirements, are applied in a commercially reasonable manner and without regard to source of income.

(h) A distinction or differential treatment on the basis of military status that is allowed by Delaware law or regulation, federal law or regulation, or government contract is not a violation of this section.

Legislative History

70 Del. Laws, c. 513, § 1 ; 77 Del. Laws, c. 90, § 21 ; 79 Del. Laws, c. 47, § 21 ; 80 Del. Laws, c. 355, § 8 ; 84 Del. Laws, c. 358, § 2 ; 84 Del. Laws, c. 428, § 3 ; 85 Del. Laws, c. 104, § 6 ; 85 Del. Laws, c. 144, § 15 ; 84 Del. Laws, c. 358, §§ 2, 5