Fair Housing: Delaware

This page is intended for informational purposes only and does not constitute, and should not be construed as, legal advice. This page is not intended to provide a mandatory standard of care for the industry. Please consult with local counsel before taking any action based off of the information provided. 

On these pages, you will find information about 1) the protected classes in each state’s fair housing law, 2) protected classes in the cities and counties in the state’s three largest city or metropolitan areas, and 3) protected class information in additional jurisdictions of interest to NAA members. We highlight source of income protections, where applicable, that could substantially impact industry operations. Please see the footnotes. NAA also has resources on the federal fair housing protections that apply nationwide.

We are currently in the process of optimizing NAA’s Fair Housing Protected Class Resources. If you do not see a jurisdiction of interest, please reach out to the NAA Government Affairs Team at [email protected].

Information on this page is current as of September 2022.

Delaware Protected Classes

(The State of Delaware Code Title 6 § 4603; Title 25 § 5116[a])

  • Race

  • Color

  • National Origin

  • Religion

  • Sex

  • Familial Status

  • Disability

  • Creed

  • Marital Status

  • Source of Income1

  • Age

  • Sexual Orientation

  • Gender Identity

  • Occupation

1“Source of Income” means any lawful source of money paid directly or indirectly on behalf of renter including income from any lawful occupation and government and private assistance, grants, or programs. There are limits to Delaware’s Source of income protections; please see The Delaware Code §§4607h - k.

This section includes relevant county and city information. Note there could be differences or overlap in the laws’ housing provider obligations.

(Kent County Code)

This jurisdiction emphasizes enforcement of federal and state protected classes.

City of Dover Protected Classes

This jurisdiction emphasizes enforcement of federal, state, and county protected classes.

City of Newark Protected Classes

This jurisdiction emphasizes enforcement of federal, state, and county protected classes.

This section includes relevant county and city information. Note there could be differences or overlap in the laws’ housing provider obligations.

(New Castle County Code)

This jurisdiction emphasizes enforcement of federal and state protected classes.

City of Wilmington Protected Classes

(City of Wilmington Municipal Code § 35-76, et seq.)​

In addition to enforcement of federal and state, and county protected classes, this jurisdiction also includes the following protected classes:

  • Welfare Recipient2
  • Fixed Income3

2Welfare recipient means any person who is in receipt of state general assistance or aid to families with dependent children benefits

3“Fixed Income” means unearned income, including pensions, social security, and any other income from other than gainful employment.