2021 Delaware Code
Title 6 - Commerce and Trade
Chapter 46. Fair Housing Act
§ 4603. Discrimination in sale or rental of housing and other prohibited practices.
(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:
(1) That 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; or
(3) Any person associated with that buyer or renter.
(b) Except as exempted by § 4607 of this title, it shall be 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 or disability.
(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 or disability.
(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 or disability, 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 or disability 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 or disability.
(6) [Repealed].
(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.
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;
