Fair Housing Protected Classes in Delaware 2026
Federal Fair Housing Act baseline plus Delaware-specific additions under 6 Del. C. § 4603 (Delaware Fair Housing Act).
Source of Income, Section 8 / HCV Status in Delaware
Delaware is a source-of-income protected state. Landlords statewide must consider applicants paying with Section 8 vouchers, other federal/state housing subsidies, child support, social security, or any other lawful source of income.
All 14 Protected Classes in Delaware
Federal classes apply uniformly. The classes shaded green below are Delaware-specific additions under 6 Del. C. § 4603 (Delaware Fair Housing Act).
Recent Delaware Statutory Activity
HB 5 (2013) added gender identity statewide.
The fact a Delaware landlord most needs to know in 2026: you cannot reject a qualified applicant simply because they pay rent with a Section 8 Housing Choice Voucher. Under the 6 Del. C. § 4603 (Delaware Fair Housing Act), "source of income" is a protected class statewide, not limited to a single county or city, and not preempted. A "no vouchers" ad, a blanket policy against tenant-based assistance, or quietly steering voucher holders elsewhere is unlawful housing discrimination here.
Beyond the seven federal classes, Delaware's statute extends protection to source of income, sexual orientation, gender identity, marital status, creed, age, and occupation. The Delaware Division of Human Relations investigates and enforces complaints. With average rent in the state around $1,404, voucher payments often cover a meaningful share of the rent, so the source-of-income rule reaches a large slice of the applicant pool a small landlord will actually screen.
Section 8 and Source of Income: the Delaware rule
Delaware is a statewide source-of-income state. That means refusing an applicant because their income comes from a Housing Choice Voucher, Social Security, disability benefits, child support, or other lawful assistance is illegal anywhere in the state. Wilmington, Dover, the beach towns, or rural Sussex County alike. You may still apply neutral, consistent qualification standards: income-to-rent ratios, credit and rental history, and verifiable references. What you cannot do is treat voucher income as disqualifying on its face, advertise that vouchers are unwelcome, or quote voucher applicants a higher rent or deposit. A practical trap: many landlords screen using a rent-multiple rule applied to the tenant's portion rather than total income. When a voucher covers part of the rent, count the assistance toward the income test, not just the tenant's out-of-pocket share.
The seven classes Delaware adds beyond federal law
Federal law, the Fair Housing Act, 42 U.S.C. § 3604, protects seven classes: race, color, national origin, religion, sex, familial status, and disability. The 6 Del. C. § 4603 (Delaware Fair Housing Act) layers seven more on top: source of income, sexual orientation, gender identity, marital status, creed, age, and occupation. Two of these catch landlords off guard. "Occupation" means you generally cannot screen out an applicant because of their lawful line of work. "Age" and "marital status" mean policies like preferring married couples or older tenants over a single parent can expose you to a complaint. Combined with the federal classes, Delaware landlords are screening against fourteen protected categories, so neutral, written, consistently applied criteria are your best defense.
Gender identity and sexual orientation are protected
Both sexual orientation and gender identity are expressly protected under Delaware's statute. HB 5 (2013) added gender identity statewide, closing a gap that existed after sexual orientation was already covered. This goes further than the federal baseline: HUD's 2021 reading of "sex" after Bostock treats sexual orientation and gender identity discrimination as sex discrimination under the federal Fair Housing Act, but Delaware names both categories outright in its own law. For a landlord, the message is the same from either direction, you may not deny housing, set different terms, or refuse a reasonable accommodation because of a tenant's sexual orientation or gender identity, including using a name or pronouns consistent with how a tenant lives.
Screening and advertising traps for small landlords
Most Delaware fair-housing complaints against small landlords come from sloppy wording, not open bias. Watch your advertising: phrases like "no Section 8," "perfect for a single professional," "Christian household preferred," or "mature tenant" can each implicate source of income, marital status, creed, or age. Apply one written set of qualification standards to every applicant and document each decision the same way. Be ready to grant reasonable accommodations for disability, including assistance animals that are not subject to ordinary pet rules or fees. If you advertise a vacancy publicly, assume every protected class is watching how the listing is worded. When in doubt, describe the unit and the objective rent and income requirements, never the tenant you imagine living there.
The Cost of a Fair-Housing Violation
City-Level Eviction Risk in Delaware
Fair-housing complaint rates correlate with overall tenant-protection enforcement. View landlord risk and tenant-law profile by city:
Sources & Methodology
- Federal Fair Housing Act: 42 U.S.C. § 3604; 24 C.F.R. Part 100; 24 C.F.R. § 180.671 (civil penalties); HUD Memo Feb 11, 2021 (sex incl. SO/GI under Bostock).
- Delaware fair-housing statute: 6 Del. C. § 4603 (Delaware Fair Housing Act).
- Source-of-income classification: Verified against state statute and major local ordinances. Marked "statewide" for Delaware.
- Recent statutory activity: HB 5 (2013) added gender identity statewide.
Related Guides for Delaware Landlords
This guide summarizes the protected classes under the 6 Del. C. § 4603 (Delaware Fair Housing Act), enforced by the Delaware Division of Human Relations, alongside the federal Fair Housing Act, 42 U.S.C. § 3604. Last reviewed June 2026. It is provided for general informational purposes and is not legal advice; consult a qualified attorney or the Delaware Division of Human Relations about your specific situation.
Frequently Asked Questions
Can a landlord refuse Section 8 in Delaware?
No. Source of income is a protected class statewide under the Delaware Fair Housing Act, so a landlord cannot reject a qualified applicant just because they would pay rent with a Section 8 Housing Choice Voucher. You may still apply consistent credit, income, and rental-history standards, but you must count the voucher as income and cannot advertise or enforce a "no vouchers" policy.
How many protected classes are there in Delaware?
Fourteen in total. Federal law covers seven, race, color, national origin, religion, sex, familial status, and disability, and Delaware adds seven more: source of income, sexual orientation, gender identity, marital status, creed, age, and occupation.
Are sexual orientation and gender identity protected in Delaware?
Yes. Both are expressly protected under the Delaware Fair Housing Act. Sexual orientation was already covered, and HB 5 (2013) added gender identity statewide. This is broader than the federal baseline, though HUD's 2021 post-Bostock reading of "sex" also treats both as protected under the federal Fair Housing Act.
How is fair housing enforced in Delaware?
The Delaware Division of Human Relations investigates and enforces complaints under 6 Del. C. § 4603. Because Delaware's law works alongside the federal Fair Housing Act, complaints can also reach HUD, which can impose federal civil penalties in addition to damages. A landlord found to have discriminated may face orders to change practices, monetary awards to the complainant, and penalties.
Federal authority: 42 U.S.C. § 3604; 24 C.F.R. Part 100. State authority: 6 Del. C. § 4603 (Delaware Fair Housing Act). Last updated August 29, 2026. For informational purposes only, not legal advice. Fair-housing determinations are highly fact-specific; consult a licensed Delaware attorney before making a screening, denial, or eviction decision.