2015 Delaware Code
Title 6 - Commerce and Trade
CHAPTER 46. FAIR HOUSING ACT
§ 4602 Definitions.

As used in this chapter:

(1) "Age'' — For the purpose of defining what is a discriminatory housing practice, "age'' means any age 18 years or older.

(2) "Aggrieved persons'' includes any person who:

a. Claims to have been injured, directly or indirectly, by a discriminatory housing practice;

b. Believes that such person will be injured, directly or indirectly, by a discriminatory housing practice that is about to occur; or

c. Is associated with a person having a protected status under this chapter and claims to have been injured, directly or indirectly, as a result of a discriminatory housing practice against such person having the protected status.

(3) "Chairperson'' means the Chairperson of the State Human Relations Commission.

(4) "Commission'' means the State Human Relations Commission.

(5) "Complainant'' means the person (including the Commission) who files a complaint under § 4610 of this title.

(6) "Conciliation'' means the attempted resolution of issues raised by a complaint, or by the investigation of such complaint, through informal negotiations involving the aggrieved person, the respondent and the Commission.

(7) "Conciliation agreement'' means a written agreement setting forth the resolution of the issues in conciliation.

(8) "Court'' means the Superior Court of the State unless otherwise designated.

(9) "Covered multifamily dwellings'' means:

a. Buildings consisting of 4 or more dwelling units if such buildings have 1 or more elevators; and

b. Ground floor dwelling units in other buildings consisting of 4 or more dwelling units.

(10) "Disability'' means, with respect to a person:

a. A physical or mental impairment which substantially limits 1 or more of such person's major life activities;

b. A record of having such an impairment; or

c. Being regarded as having such an impairment, but such term does not include current, illegal use of a controlled substance as defined in § 102 of the Controlled Substances Act (21 U.S.C. 802) or Title 16 of Chapter 47, Uniform Controlled Substances Act.

(11) "Discriminatory housing practice'' means an act that is unlawful under § 4603, § 4604, § 4605, § 4606 or § 4618 of this title.

(12) "Division'' means the Division of Human Relations.

(13) "Dwelling'' means any building, structure or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by 1 or more families, together with any land which is offered for sale, rent or exchange therewith and also means any vacant land which is offered for sale, lease or exchange for the construction or location thereon of any such building, structure or portion thereof. "Dwelling'' also includes the public and common use areas associated therewith.

(14) "Familial status'' means: one or more individuals who have not attained the age of 18 years being domiciled with:

a. A parent or another person having legal custody of such individual or individuals; or

b. The designee of such parent or other person having such custody, with the written permission of such parent or other person; or

c. Any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18 years.

(15) "Family'' includes a single individual.

(16) "Gender identity'' means a gender-related identity, appearance, expression or behavior of a person, regardless of the person's assigned sex at birth. Gender identity may be demonstrated by consistent and uniform assertion of the gender identity or any other evidence that the gender identity is sincerely held as part of a person's core identity; provided, however, that gender identity shall not be asserted for any improper purpose.

(17) "Housing for older persons'' means housing:

a. Provided under any state or federal program that the Commission determines is specifically designed and operated to assist elderly persons;

b. Intended for, and solely occupied by, persons 62 years of age or older; or

c. Intended and operated for occupancy by at least 1 person 55 years of age or older per unit. In determining whether housing qualifies as housing for older persons under this subsection, the Commission shall develop regulations which shall require at least the following factors:

1. That at least 80 percent of the units are occupied by at least 1 person 55 years of age or older per unit; and

2. The publication of, and adherence to, policies and procedures which demonstrate an intent by the owner or manager to provide housing for persons 55 years of age or older.

(18) "Marital status'' means the legal relationship of parties as determined by the laws of marriage applicable to them or the absence of such a legal relationship.

(19) "Panel'' means 3 or more Commissioners appointed by the Chair to perform any act authorized under this chapter.

(20) "Panel Chair'': that Commissioner designated by the Commission Chair to preside at case hearings, and, further, to perform such other duties as may be specified by applicable laws and regulations.

(21) "Person'' includes 1 or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy in cases under Title 11 of the United States Code, receivers, fiduciaries and land use commissions or boards.

(22) "Residential real estate-related transaction'' means any of the following:

a. The making, brokering or purchasing of loans or providing other financial assistance:

1. For purchasing, constructing, improving, repairing or maintaining a dwelling; or

2. Secured by residential real estate; or

b. The selling, brokering or appraising of residential real property.

(23) "Respondent'' means:

a. The person or other entity accused in a complaint of an unfair housing practice; and

b. Any other person or entity identified in the course of investigation and notified as required with respect to respondents so identified under § 4610(a)(2)a. of this title.

(24) "Sexual orientation'' exclusively means heterosexuality, homosexuality, or bisexuality.

(25) "Special Administration Fund'' means the Fund established and maintained pursuant to § 3005 of Title 31.

(26) "To rent'' includes to lease, to sublease, to assign a lease, to let and otherwise to grant, continue or renew for a consideration the right to occupy premises not owned by the occupant.

(27) "To sell'' or "sale'' includes a sale, gift, exchange or other means of conveyance.

6 Del. C. 1953, § 4601; 57 Del. Laws, c. 32, § 1; 62 Del. Laws, c. 330, § 2; 68 Del. Laws, c. 311, § 1; 75 Del. Laws, c. 356, §§ 21-23, 27; 77 Del. Laws, c. 90, § 6; 79 Del. Laws, c. 47, §§ 7, 8.;