What fair housing laws must landlords follow?

Fair Housing Laws Landlords Must Follow in Delaware

As a landlord operating in Delaware, it is essential to understand and comply with both federal and state fair housing laws. These laws are designed to prohibit discrimination in housing-related activities and ensure equal access to housing opportunities for all individuals. Adherence to these regulations is not only a legal obligation but also promotes a fair and inclusive rental market.

Federal Fair Housing Laws Applicable in Delaware

Delaware landlords must comply with the federal Fair Housing Act (FHA), which prohibits discrimination in housing based on certain protected characteristics. The FHA covers most types of housing, including rental properties, and restricts discriminatory practices in advertising, tenant screening, lease terms, and eviction.

Federal Protected Classes under the Fair Housing Act include:

• Race
• Color
• National origin
• Religion
• Sex (including gender identity and sexual orientation)
• Familial status (families with children under 18)
• Disability (physical or mental)

Delaware State Fair Housing Laws

Delaware has its own fair housing statutes that complement the federal FHA and may provide broader protections. The Delaware Fair Housing Act reflects the state’s commitment to preventing discrimination beyond federally covered classes and ensuring equitable treatment in housing.

Key Features of Delaware’s Fair Housing Law:

• Protected Classes: Delaware law prohibits housing discrimination based on race, color, religion, sex, age (a class not always covered federally), national origin, sexual orientation (explicitly included), gender identity or expression, marital status, familial status, disability, source of income, and veteran status.
• Source of Income: Delaware explicitly includes source of income as a protected class. This means landlords cannot discriminate against prospective tenants based on lawful income sources such as housing vouchers, Social Security, or public assistance benefits.
• Enforcement: Complaints of housing discrimination in Delaware can be filed with the Delaware Division of Human Relations or the U.S. Department of Housing and Urban Development (HUD). Both entities investigate allegations and can impose penalties or require corrective actions.

Practical Requirements for Landlords in Delaware

To ensure full compliance with Delaware’s fair housing statutes and the federal FHA, landlords should implement policies and practices that promote nondiscrimination:

Advertising and Marketing

• Avoid language or images in advertisements that indicate a preference or limitation based on protected classes. For example, phrases such as “family only” or “ideal for singles” may be discriminatory.
• Use inclusive language that welcomes all qualified applicants regardless of protected characteristics.

Tenant Screening and Selection

• Apply consistent screening criteria to all applicants, such as credit history, rental references, and income requirements, without regard to protected classes.
• Do not ask questions or require information that relates to a protected class during the application process, unless it is directly relevant to the applicant’s ability to meet legitimate rental criteria.

Reasonable Accommodations and Modifications

• Delaware landlords must provide reasonable accommodations to tenants with disabilities. For example, allowing a service animal in a no-pets building or modifying a unit to improve accessibility.
• Tenants may request reasonable modifications at their own expense; landlords cannot unreasonably withhold consent.

Lease Terms and Conditions

• Terms of leases, including rent amounts, security deposits, and rules, must be applied equally and fairly to all tenants.
• Any deviations must be justified by legitimate, non-discriminatory reasons.

Evictions and Housing-Related Services

• Eviction proceedings must not be based on discriminatory motives.
• Providing housing-related services such as maintenance or amenities must be consistent and nondiscriminatory.

Additional Considerations for Delaware Landlords

• Training and Education: Regularly train staff and management personnel on Delaware fair housing laws to prevent inadvertent discrimination.
• Record Keeping: Maintain thorough records of all rental applications, communications, and decisions to demonstrate compliance.
• Stay Informed: Fair housing laws can evolve, so landlords should keep abreast of updates from Delaware’s Division of Human Relations and HUD.

Conclusion

Delaware landlords are legally obligated to uphold fair housing laws at both federal and state levels. By understanding the specific protections afforded under Delaware law—including explicit coverage of sexual orientation, gender identity, source of income, and age—and establishing nondiscriminatory operational practices, landlords can foster a compliant, equitable rental environment. Maintaining fair housing compliance not only mitigates legal risks but also contributes to a more inclusive rental community throughout Delaware.