Title 25 - Property
Page 95
has caused substantial or irreparable harm to the tenant’s person or property, the Justice of the Peace Court shall issue a forthwith summons
to expedite the Court’s consideration of the allegations.
(70 Del. Laws, c. 513, § 1.)
§ 5116. Fair housing provisions [For application of this section, see 84 Del. Laws, c. 358, § 4] [Effective until
Dec. 31, 2028].
(a) No person, being an owner or agent of any real estate, house, apartment or other premises, shall 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, or occupation or because the tenant or
person has a child or children in the family.
(b) No person shall 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, or occupation or has a child or children in the family.
(c) In the event of discrimination under this section, the tenant may recover damages sustained as a result of the landlord’s action,
including, but not limited to, reasonable expenditures necessary to obtain adequate substitute housing.
(d) Notwithstanding subsection (a) of this section relating to age discrimination, and consistent with federal and state fair housing
acts, a landlord may make rental units available exclusively for rental by senior citizens. A senior citizen rental unit shall 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, or occupation of the senior citizen and without regard to whether or not the senior citizen
has a dependent child or children in the residence.
(e) (1) The public housing authorities must implement the standardized sequence of processing a request for tenancy approval
recommended by the third-party consultant in the May 2024 report, “Alignment of Delaware Housing Choice Voucher Programs to Create
Efficiencies and Increase Landlord Engagement,” prepared for the Delaware State Housing Authority.
(2) If a public housing authority fails to comply with the standardized sequence of processing a request for tenancy approval under
paragraph (e)(1) of this section, a landlord may deny a rental application to ensure the reliable and timely supply of housing units.
(3) The denial of a rental application under paragraph (e)(2) of this section 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.
(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.)
§ 5116. Fair housing provisions [For application of this section, see 84 Del. Laws, c. 358, § 4] [Effective Dec.
31, 2028].
(a) No person, being an owner or agent of any real estate, house, apartment or other premises, shall 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, or occupation or because the tenant or
person has a child or children in the family.
(b) No person shall 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, or occupation or has a child or children in the family.
(c) In the event of discrimination under this section, the tenant may recover damages sustained as a result of the landlord’s action,
including, but not limited to, reasonable expenditures necessary to obtain adequate substitute housing.
(d) Notwithstanding subsection (a) of this section relating to age discrimination, and consistent with federal and state fair housing
acts, a landlord may make rental units available exclusively for rental by senior citizens. A senior citizen rental unit shall 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, or occupation of the senior citizen and without regard to whether or not the senior citizen
has a dependent child or children in the residence.
(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.