Fair Housing Information Center

FILE A COMPLAINT

YOUR FAIR HOUSING RIGHTS

Under Federal Fair Housing laws, fair housing means you are free to choose a place to live without regard to your race, color, national origin, religion, sex, including sexual orientation and gender identity, disability or familial status. Under Delaware Fair Housing laws, you are also protected without regard to your marital status, sexual orientation, gender identity, creed, age and source of income.

WHAT IS HOUSING DISCRIMINATION?

Housing discrimination is treating one person or group of people differently from others on the basis of their belonging to a protected class. The term “protected class” refers to a group of people who are protected by law against illegal discrimination. A protected class is named for the characteristic that people share, such as their gender, race, religion, sexual orientation or national origin.

Housing discrimination can often be subtle, and can come in many forms. Some signs of possible discrimination include:

  • A landlord refuses to show or rent available housing
  • A real estate agent steers you to racially segregated neighborhoods during your home search
  • Being told that a unit or apartment building isn’t “right” for you and your family
  • Housing advertisements that say “no kids” or “professionals preferred”
  • Refusing to make or respond to a request for a reasonable accommodation or to allow a reasonable modification to enable a person with a disability to make full use of a dwelling
  • Requiring different terms and conditions for identical properties, for example, charging higher rent or a higher security deposit for different tenants
  • Harassment or intimidation

Housing discrimination may not be as obvious to see as it used to be, but it still exists. HUD estimates that nearly 2,000,000 acts of housing discrimination occur each year, but only 1% of fair housing violations are ever reported.

WHO IS PROTECTED BY FAIR HOUSING LAWS?

Delaware’s Protected Classes

WHAT ACTIONS ARE ILLEGAL?

  • Advertise or make any statement that indicates a limitation or preference based on race, religion, color, sex, national origin, disability, familial status, marital status, sexual orientation, age, gender identity, creed or source of income. This prohibition against discriminatory advertising applies to all housing, including single-family and owner-occupied housing that is otherwise exempt from the Delaware Fair Housing Act.
  • Harass, coerce, intimidate, threaten or interfere with anyone exercising a fair housing right or assisting others who exercise their fair housing rights

Under the Delaware Fair Housing Act, no one may take any of the following actions in the sale and rental of housing or in mortgage lending based on race, color, religion, sex, national origin, disability, familial status, marital status, sexual orientation, age, gender identity, creed or source of income.

In the Sale & Rental of Housing:

  • Refuse to rent or sell housing
  • Refuse to negotiate for housing
  • Advertise housing to preferred groups of people only, for example, an ad that reads “professionals only”
  • Show you or your family apartments or homes in certain neighborhoods only
  • Say that housing is unavailable for inspection, sale or rental when in fact it is available
  • Set different terms, conditions or privileges for sale or rental of a dwelling
  • Provide different housing services or facilities
  • Deny access to or membership in a facility or service (such as a multiple listing service) related to the sale or rental of housing
  • Refuse to make certain requested modifications or accommodations for persons with a mental or physical disability

In Mortgage Lending:

  • Refuse to make a mortgage loan
  • Refuse to provide information regarding loans
  • Impose different terms or conditions on a loan, such as different interest rates, points, or fees
  • Deny you property insurance
  • Conduct property appraisals in a discriminatory manner
  • Refuse to purchase your loan
  • Set different terms of conditions for purchasing your mortgage loan

REGULATIONS

Equal Accommodations Regulations

Fair Housing Regulations

As part of its authority to administer and enforce the Fair Housing Act (FHA), the U.S. Department of Housing and Urban Development (HUD) issued regulations that provide its interpretation of the FHA’s coverage regarding discrimination related to the sale or rental of dwellings, the provision of applicable services, and the availability of residential real estate-related transactions. These regulations are codified in Title 24 of the Code of Federal Regulations (CFR).

FEDERAL AGENCIES

The U.S. Department of Housing and Urban Development (HUD) is charged with primary responsibility for enforcing the Fair Housing Act (FHA). The Delaware Division of Human and Civil Rights is substantially equivalent to HUD in investigating charges of housing discrimination in Delaware. The U.S. Department of Justice (DOJ) also pursues fair housing claims under certain circumstances, such as when there is an alleged pattern or practice of discrimination.

RELATED LINKS

RESOURCES

DISABILITY

Reasonable Accommodations & Reasonable Modifications


A person with a disability is entitled by Fair Housing laws to request a reasonable accommodation. A “reasonable accommodation” is a change in a housing provider’s rules, policies, practices, or services when the change is needed to give people with disabilities equal opportunities to use and enjoy their housing. When requested accommodations are reasonable, housing providers are required by law to make the accommodations. Reasonable Accommodations must:

  • Be made by or on behalf of a person with disabilities. This person can be someone seeking housing, a property owner in a condominium development, or a rental housing tenant. It can also include household members and others connected with the person with a disability.
  • Be requested. A housing provider is not required to offer a reasonable accommodation that has not been requested.
  • Be connected to the person’s disability. Housing providers are not required to do everything a person wants just because the person has a disability. Fair housing laws only require housing providers to make accommodations when there is a connection, or “nexus,” between the requested accommodation and the person’s disability (for example, providing a designated parking spot for a person with a walking disability).
  • Be supported by documentation from a health professional or other person who can establish that the person has a disability and explain the nexus between the disability and the accommodation request—unless the disability is apparent to the housing provider.
  • Be “reasonable.” A housing provider does not have to grant an unreasonable request. Courts have decided that a request is not reasonable if: (1) the request would create an undue administrative and financial burden on the housing provider; (2) the request would fundamentally change the housing provider’s business; or (3) the person poses a “direct threat” to others or that granting the request would result in substantial property damages, unless this risk can be significantly reduced by the accommodation.
  • Be taken seriously. If a housing provider believes a request is not reasonable or would like to suggest a different way to accommodate a request, the housing provider must engage with the person who is seeking an accommodation to explore alternatives or seek additional information. Unreasonably delaying or denying a reasonable accommodation request without this interactive process may be illegal.


How to Request a Reasonable Accommodation

Fair housing laws do not require people with disabilities to use specific forms or to use the words “reasonable accommodation” in making their request. However, it is best to make a request for a reasonable accommodation in writing so that the request is properly documented.

What is a Reasonable Modification?

A person with a disability is also entitled by fair housing laws to request a reasonable modification. A “reasonable modification” is a structural change to a dwelling or common area that is necessary to enable a person with disabilities to have full use and enjoyment of the premises. Reasonable modification requests can be made at any time during a resident’s tenancy. Fair housing laws require housing providers (i.e., landlords, homeowners’ associations) to allow reasonable modifications. For a more complete description of fair housing laws as they relate to reasonable modifications, click here to view the Joint Statement of the Department of Housing and Urban Development and the Department of Justice: Reasonable Modifications under the Fair Housing Act. Reasonable Modifications must…

  • Be made by or on behalf of a person with disabilities. This person can be a person seeking housing, a property owner in a condominium development, or a tenant in rental housing. It also can include household members and, in some cases, frequent visitors to the home.
  • Be requested and approved. Fair housing laws do not permit a resident to make structural modifications without the housing provider’s permission. In addition, this would probably violate contract and property laws.
  • Be connected to the person’s disability. For example, a person who uses a wheelchair makes a reasonable modification request to install a wheelchair ramp. In this case, the person’s disability makes a wheelchair necessary and there is a connection, or “nexus,” between the person’s disabling condition and the need for a wheelchair ramp.
  • Be supported by documentation from a health provider or other person who can establish that the person has a disability and explain the nexus between the disability and the accommodation request—unless the disability is apparent to the housing provider.
  • Be “reasonable.” A housing provider does not have to grant an unreasonable request. If the disabled person is responsible for the cost, most necessary modifications are reasonable unless they create health or safety hazards or make other units inaccessible to residents.
  • Be taken seriously. Unreasonably delaying or denying a reasonable modification request may be considered a denial, and thus be illegal.

Special Considerations for Reasonable Modifications

  • Design & Construction: The Fair Housing Act requires all multifamily buildings (more than four units) built after March 1991 to meet certain accessibility standards. If a building does not meet those standards, the owner may be required to retrofit the unit—at the owner’s expense—in response to a reasonable modification request.
  • Aesthetic Considerations: If a housing provider would like to change a modification plan to make it more aesthetically pleasing, the provider can propose alternatives; however, if these changes would make the project more expensive, the housing provider is responsible to pay the difference.
  • Permits & Building Standards: Once a housing provider approves a modification, the person making the request is responsible for getting permits, if necessary, and assuring that the modification is completed in a “workmanlike manner.”
  • Removing Modifications: If a resident makes modifications inside the home that would not be desired by future occupants, and if it is reasonable, the housing provider can require the resident to return the home to its original condition.

Who Pays for Reasonable Modifications?

In private housing (including Section 8 voucher rentals), the provider has to allow reasonable modifications, but the resident has to pay for them. However, when a housing provider receives direct federal funding (i.e., public housing or “project-based Section 8,” the housing provider may be required to cover the costs.

How to Request a Reasonable Modification

It is best to make a request for a reasonable accommodation in writing so that the request is properly documented. In addition, if the person’s disability or the ‘nexus’ is not apparent, documentation from a health care provider may be necessary. The person seeking the modification also may need to provide drawings, diagrams, plans, or other information about the proposed work.

WHO REPRESENTS YOU?

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