There is no explicit law in Delaware, its major cities, or counties regarding whether landlords can implement a policy of not accepting vouchers or tenants receiving government assistance to pay rent. However, some courts have ruled that doing so violates the Fair Housing Act and similar laws.
Discrimination Against Families and Minorities
Most of the time, landlords are free to deny voucher holders as a rule where there is no direct rule against it. However, a few courts have held that discrimination against voucher recipients (e.g., a “No Voucher” policy) violates anti-discrimination laws (see the Fair Housing Act and the corresponding state law of Delaware). This is because a majority of voucher recipients are minorities and families and so such a policy has a discriminatory impact on those protected groups. While rare, it’s becoming increasingly common. To be on the safe side, landlords should avoid no voucher bans. See Wikipedia for more details.
Learn more about Section 8 and the Voucher program here.
State and Local Laws
Laws differ heavily by state, county, and city. Use RenterPeace to see more specific laws for to a given apartment and to see comments from people in your area.
Documenting the Problem
For most problems, tenants should document their issues, notify their landlord (document this too!), and stay informed about their rights. Renterpeace is a free website that helps with each step of this process. Tenants use RenterPeace to more easily see applicable laws, track their problems, and much more. There's a reason RenterPeace was selected "Best of" legal apps for both Android and iOS. It also includes household management tools, like a chore manager and bill tracker. Try it - you don't even to login first.
Using Property Management
To stay updated and organized about the problems in their apartments, landlords should use a property management system. Many are expensive or have high setup fees, but using RenterPeace for landlords is free. It's complete with legal compliance tips targeted to their problems, maintenance tracking, tenant screening, money-saving grant information, and tenant chat. It makes managing properties easier and staying updated about status of rental properties a breeze. Try it today.