§ 4603 — Discrimination in sale or rental of housing and other prohibited practices

Delaware § 4603

• Jurisdiction: Delaware
• Title: 6
• Ch. 46: FAIR HOUSING ACT

Text

(a) For purposes of paragraphs (b)(1)-(5) of this section, the unlawful discrimination against a person on the basis of a specified protected status refers to the protected status of any of the following:

(1) A buyer, renter, or aggrieved person.

(2) A person residing in or intending to reside in that dwelling after it is sold, rented, or made available.

(3) A person associated with that buyer or renter.

(b) Except as exempted by § 4607 of this title, it is unlawful:

(1) To discriminate in the sale or rental, to refuse to sell or rent, to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, color, national origin, religion, creed, sex, marital status, familial status, source of income, age, sexual orientation, gender identity, disability, military status, or housing status.

(2) To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of race, color, national origin, religion, creed, sex, marital status, familial status, source of income, age, sexual orientation, gender identity, disability, military status, or housing status.

(3) To make, print, or publish, or cause to be made, printed, or published any notice, statement, or advertisement, with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, national origin, religion, creed, sex, marital status, familial status, source of income, age, sexual orientation, gender identity, disability, military status, or housing status, or an intention to make any such preference, limitation, or discrimination. However, nothing in this chapter restricts the inclusion of information about the availability of housing accessible to persons with a disability in advertising of dwellings.

(4) To represent to any person because of race, color, national origin, religion, creed, sex, marital status, familial status, source of income, age, sexual orientation, gender identity, disability, military status, or housing status that any dwelling is not available for inspection, sale or rental when such dwelling is in fact so available.

(5) To induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, national origin, religion, creed, sex, marital status, familial status, source of income, age, sexual orientation, gender identity, disability, military status, or housing status.

(6) The rights provided under this subsection do not preclude a landlord’s consideration of any other factor not enumerated herein that is permissible under Delaware state or federal law.

(c) Nothing in this section requires that a dwelling be made available to persons with disabilities whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others.

Legislative History

6 Del. C. 1953, § 4603; 57 Del. Laws, c. 32, § 1 ; 58 Del. Laws, c. 133, § 2 ; 58 Del. Laws, c. 386, § 2 ; 62 Del. Laws, c. 330, §§ 4, 5 ; 68 Del. Laws, c. 311, § 1 ; 75 Del. Laws, c. 356, §§ 24, 26, 28, 37, 38 ; 77 Del. Laws, c. 90, § 7 ; 79 Del. Laws, c. 47, § 9 ; 80 Del. Laws, c. 355, § 3 ; 84 Del. Laws, c. 428, § 1 ; 85 Del. Laws, c. 104, § 2