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Sex, Gender, and LGBT-Based Discrimination in Delaware Apartments

By |September 12th, 2018|DE|

Delaware law (and federal law) protects tenants from discrimination based on their sex or gender. This covers everything from offering lower rent for sexual favors to advertising men or women only apartments. Delaware also has strong protections against LGBT discrimination. Sexism Delaware law and federal law protect tenants from discrimination based on their sex (e.g., male, female). This protects tenants from most kinds of sexist acts, including falsely stating an apartment is not available because of the tenant's sex, pressuring a tenant to rent or not rent based on people of a certain sex in the neighborhood, advertising an apartment that's for or not for a person based on their sex, denying a loan based on their sex, charging different rent or offering different amenities based on sex, denying an applicant the opportunity to inspect the apartment based on their [...]

Can Landlords Reject Tenants with Housing Vouchers in Delaware?

By |September 12th, 2018|DE|

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 [...]

Racial Discrimination in Delaware Apartments

By |September 12th, 2018|DE|

Delaware protects tenants from discriminatory practices by their landlord based on their race, color, national origin, and ancestry. Similarly, tenants also have protection under the federal law from discrimination based on their race, color, and national origin. Discriminatory Actions Discrimination is broader than just saying a certain race cannot rent an apartment. Discrimination includes: refusing to make reasonable accommodations based on a tenant's race, color, national origin, or ancestryinterfering with a tenant's use and enjoyment of the property based on their race, color, national origin, or ancestrypressuring a tenant to rent or not rent based on people of a certain race, color, national origin, or ancestry in the neighborhooddenying an applicant the opportunity to inspect the apartment based on their race, color, national origin, or ancestrycharging different rent or offering different amenities based on race, color, national origin, or ancestryadvertising [...]

Religious Discrimination in Delaware Apartments

By |September 12th, 2018|DE|

Delaware protects tenants from discriminatory practices by their landlord based on their religion. Tenants also have similar protections under federal law. Discriminatory Actions Discrimination covers quite a bit more than just landlords who refuse to rent to certain religions. Discrimination includes: asking about a tenant's religionpressuring a tenant to rent or not rent based on people of a certain religion in the neighborhoodinterfering with a tenant's use and enjoyment of the property based on their religiondenying an apartment or application based on their religioncharging different rent or offering different amenities based on religiondenying a loan based on their religionrefusing to make reasonable accommodations based on a tenant's religionadvertising an apartment that's for or not for a person based on their religionfalsely stating an apartment is not available because of the tenant's religiondenying an applicant the opportunity to inspect the apartment [...]

Age Discrimination in Delaware Apartments

By |September 12th, 2018|DE|

Discrimination based on age is prohibited in Delaware. This means that landlords cannot discriminate against the tenant on the basis of age . All ages are covered in Delaware. The Fair Housing Act covers discrimination against children and the state's protection against age discrimination protects anyone 18 and over. Elderly Landlords are prohibited from discriminating based on age in Delaware and this includes against the elderly. Discrimination is defined broadly and covers asking about a tenant's age, building a place that is inaccessible, advertising an apartment that's for or not for a person based on their age, pressuring a tenant to rent or not rent based on people of a certain age in the neighborhood, charging different rent or offering different amenities based on age, denying an apartment or application based on their age, denying an applicant the opportunity to [...]

Discrimination Against Mental or Physical Health Conditions in Delaware Apartments

By |September 12th, 2018|DE|

Delaware and federal law give tenants strong protections when landlords discriminate against their mental or physical health conditions. Landlords are required to provide reasonable accommodations for tenants' handicaps. What's Covered? Delaware and federal law cover mental and physical health-related handicaps. A "health condition" is much broader than a diagnosed disease in official medical books. It can be any mental or physical impairment which substantially limits one or more major life activities. Conditions that may not obviously be a disability qualify for protection, such as a sports injury, hoarding tendencies, or paranoia. Of course, medically diagnosed conditions also qualify, such as HIV, cancer, Alzheimer's, or bipolar disorder. The law also covers tenants that had a history of such an impairment and tenants who have been regarded as having such an impairment. Del. Code tit. 6, 4604 , Del. Code tit. 6, [...]

Discrimination of Families, Pregnant Women, and Children in Delaware Apartments

By |September 12th, 2018|DE|

It is illegal in Delaware (and federally) for landlords to discriminate against tenants based on their having children, being pregnant, or otherwise their familial status. Children must be provided equal access to all facilities and services offered to adults. In addition, tenants are protected from discrimination based on their marital status. Family Restrictions Most types of restrictions on families with children violate Delaware and federal law. For example, charging tenants with children higher rent or a higher deposit, advertising an apartment as being only for families (or not for families), putting an age limit for children, and placing all families in one part of the building are all illegal. Del. Code tit. 6, 4604 , Del. Code tit. 6, Sec. 4603 . Rights of Children Landlords that treat children and adults differently are violating the law that prohibits landlords from [...]

Discrimination of Source of Income in Delaware Apartments

By |September 12th, 2018|DE|

Delaware prohibits landlords from discriminating against tenants based on their source of income. While landlords are allowed to ask for proof of income and ability to pay, they cannot deny housing or charge a tenant a different amount based on their job. There are few exceptions for illegal sources of income. "Immoral" Jobs Discrimination against a tenant's source of income usually arises when a tenant's legal job appears immoral to the landlord or otherwise conflicts with their values. Strippers, people working at a political campaign, marijuana growers (in states where it's legal), planned parenthood and NRA employees, and online personalities often face issues. In Delaware, denying a tenant for any of these reasons is a violation of the state's fair housing protections. Del. Code tit. 6, 4604 , Del. Code tit. 6, Sec. 4603 . Illegal Sources of Income One [...]