Protected Classes

AGE

Age is a protected category under the Delaware Fair Housing Act for individuals who are any age 18 years or older. If you are denied an opportunity to rent, buy, finance or insure or a home or apartment—or given false information about housing—because of your age, you are a victim of illegal housing discrimination. It is also illegal for landlords or other housing providers to treat current residents or tenants, or their guests, unfavorably because of their age.

Minors (children under the age of 18) are not protected (minors are protected under familial status) and the protections do not extend to residency in state or federally-aided housing for the elderly, or to housing intended for persons 55 years of age and over, or to housing for individuals age 62 or over.

Examples and Warning Signs:

Refusing to rent to someone with good references and income because of their age.
Advertising statements like, “dynamic community for young adults,” or “quiet environment for mature adults” that indicate a preference for people of a certain age group.
“Steering” applicants to less desirable units or buildings in an apartment development on the basis of their age.
More restrictive income, credit, or rental history requirements for some applicants on the basis of their age than for others.

CREED

A creed can be a formal doctrine, or system of beliefs, for a church or religious group. It also can be a philosophy, or a set of personal beliefs and the practices and observances associated with those beliefs.” Companies, societies, and disciplines might also adopt a creed — as in a political creed, a national creed, or a management creed — that lays out a particular belief-system or way of doing things. You do not need to support a particular belief or creed to be discriminated because of it. Discrimination based on creed can include the perception of those beliefs by others, and the negative perception by others may be based on your clothing or hairstyle, jewelry you wear, a book you carry or a symbol on a tee shirt

Examples and Warning Signs:

An advertisement for a rental property states that the landlords prefer “Christians;”
A real estate agent says that you will be happier in a nearby area because “the Jews all live there” after she learned your last name;
Being told by the loan officer that you would have a better chance of getting a mortgage if you were not a Rastafarian, all because you wear your hair in dreadlocks;
You are denied services in your apartment after the property manager saw you with a book published by a group he described as a ‘cult’.

DISABILITY STATUS

It is illegal to discriminate against someone based on his or her disability, or against anyone who is associated with a person with a disability. If you are denied an opportunity to rent, buy, finance or insure a home or apartment—or given false information about a housing transaction—because of your disability, you are a victim of illegal housing discrimination. It is also illegal for landlords or other housing providers to treat current residents or tenants with a disability unfavorably because they have a disability, or associate with people with disabilities.

Fair Housing disability protections are unique because, in some circumstances, fair housing laws require that housing providers treat disabled people differently from non-disabled people. People with disabilities may have physical, mental, or emotional limitations that prevent or interfere with their ability to obtain, use, and enjoy their housing. For people with disabilities to have an equal opportunity to use and enjoy their housing, it is sometimes necessary for housing providers to make “reasonable accommodations” or allow “reasonable modifications.”

View more information on Reasonable Accommodations and Reasonable Modifications

Examples & Warning Signs:

Asking a tenant or resident with a disability intrusive questions about their disability
Refusing to rent to, or requiring a larger security deposit, for a person with a motorized wheelchair claiming the potential for property damage.
Being harassed or intimidated because of your disability.
“Steering” a visually impaired person to a downstairs unit.
Applying a no-pets policy, or requiring a pet deposit or extra rent, because a resident has a disability-related assistance animal.
Refusing to allow a tenant to make reasonable modifications to a rental unit to make it more accessible.
Building new multi-family housing units that do not meet accessibility standards.

FAMILIAL STATUS

In fair housing law, “familial status” has a specific and limited meaning: the presence of children under the age of 18 in a household. You are protected against unlawful housing discrimination because of the presence of children under 18 who are living with you, whether you are their parent(s) or legal custodian(s). Pregnant people and people who are securing custody of children under age 18 (for example, grandparents who are taking custody of a grandchild) also are protected against discrimination.

Examples and Warning Signs:

Advertisements that state ‘no children allowed’
Restricting families to one building or area of an apartment complex
Charging a higher rent or higher security deposit to families with children even if the family has a good rental history
Restricting children’s outdoor recreation activities or use of common areas, for example, designating “adults only” pools or pool hours
Denying a person a mortgage because the person is pregnant or taking maternity leave

MARITAL STATUS

Whether you are married, unmarried, divorced or single. It is illegal to discriminate against someone based on their marital status. Marital status is a protected category under the Delaware fair housing laws.

Examples & Warning Signs:

Advertising that expresses a preference for or against married couples.
Refusing to rent to roommates, unmarried couples, or single parents because the housing provider prefers married couples as tenants.
Setting curfews or overnight guest restrictions for unmarried residents.
Requiring unmarried couples to document that they have joint bank accounts or other evidence not requested of married couples.
Giving married couples special incentives or discounts that are not offered to others, like “two-for-the-price-of-one” application fees, lower security deposits, favorable rental terms, etc.
Terminating the tenancy of a spouse or partner who can afford the rent on his or her own because the other spouse or partner moved out of the home.

NATIONAL ORIGIN

According to the U.S. Department of Justice, national origin discrimination can be based either upon the country of an individual’s birth or where their ancestors originated. Similar terms might include “culture,” “nationality,” “ethnic group,” or “ancestry.”

Examples & Warning Signs:

Refusing to rent to undocumented immigrants or to process their rental applications because they do not have a social security number or other identification available only to U.S. citizens and documented residents. (Exception: some federally-funded housing programs, like Section 8 and public housing, are required to verify legal U.S. residency.)
Threatening to contact immigration authorities because a tenant requests repairs or makes other complaints.
Segregating people into different parts of an apartment complex or steering them to different areas or neighborhoods because of their national origin.

RACE AND/OR COLOR

If you are denied an opportunity to purchase, rent, finance or insure a home or apartment, given false information about a sale, rental, loan, or insurance policy because of your race or color, you are a victim of illegal housing discrimination. It is also illegal for landlords or other housing providers to treat existing residents or tenants, or their guests, differently because of their race or color. Discrimination based on race or color can often be subtle, so subtle that victims of discrimination may be unaware that they were treated differently because of their race or color.

Examples and Warning Signs:

A landlord charges a higher security deposit for one person than another of a different race or color.
A renter is told one thing over the phone but something different when visiting a property in person.
The landlord accepts an application (and application fee) but does not follow up as promised or return calls.
A new owner or manager evicts or terminates leases of tenants of a certain race and replaces them with tenants or residents of another race.
Repairs are made more rapidly for residents of one race than residents of another race or color.
A real estate agent only shows a buyer houses in neighborhoods with people of the same race.

RELIGION

That includes refusing to rent to someone because of their religion, imposing discriminatory rules that impact their reasonable religious observance, treating people differently because of their religion, and discriminating against them because they do not subscribe to others’ religious beliefs.

Religious organizations that provide housing specifically for members of their own faith and do not offer housing to the general public may be exempt from religious discrimination complaints (i.e., housing in a monastery, convent, or housing facility for religious workers; or a retirement community that provides housing only for former religious workers). In addition, some religious organizations’ substance abuse recovery or other programs may be exempt even though they provide housing for program participants.

Fair housing laws permit religious organizations, as well as secular organizations, to be involved actively in caring for the needs of their members and reaching out to meet the needs of those who are poor, disabled, or neglected. However, when religious organizations receive government funding or offer housing to the broader community, they should be careful to separate their religious activities from their housing operations.

Examples and Warning Signs:

Advertising that gives the impression that a certain religious group is preferred, like “conveniently located near XYZ Church” (or synagogue, mosque or temple).
Refusing to rent or sell based on someone’s religion or religious beliefs.
Questioning housing applicants or residents about their religious beliefs or attempting to convert them to a particular religious faith.
Allowing the outdoor display of Christmas lights and other decorations while refusing to allow residents of other religions to decorate in observance of their religion or in celebration of their religious holidays (for example, refusing to allow a tenant of the Jewish faith to post a mezuzah on the door frame).
Failing to investigate or take appropriate action to protect a resident from religious harassment by another resident.

SEX

It is illegal to discriminate on the basis of your sex, which includes your perceived or actual sexual orientation or gender identity, in the sale, rental, and financing of dwellings and in other housing related transactions. If you are denied an opportunity to rent or buy a home because of your sex, including your actual or perceived sexual orientation or gender identity, you are a victim of illegal housing discrimination. It is also illegal for landlords and other housing providers to treat current residents or tenants differently because of their sex or their actual or perceived sexual orientation or gender identity.

Examples & Warning Signs:

People who are pregnant or are on maternity leave are delayed or denied home loans or offered less favorable terms.
Increasing rent or threatening eviction because of the birth of a child or for adding a child to the household.
Policies that have a negative impact on survivors of domestic violence because of the actions of their abusers (for example, evictions due to calls to police).
Advertising that indicates a preference for or against individuals based on sex, gender identity or sexual orientation.
Sexual harassment by the landlord or landlord’s agents or employees.

Sexual harassment in housing includes demands for sex or sexual acts in order to buy, rent, or continue renting a home. It also includes other unwelcome sexual conduct that makes it hard to keep living in or feel comfortable in your home. It can happen to anyone, regardless of sex, sexual orientation, or gender identity. Sexual harassment in housing is a form of sex discrimination that is illegal under Fair Housing laws. There are two main types of sexual harassment: (1) quid pro quo and (2) hostile environment sexual harassment.

Quid pro quo sexual harassment occurs when a housing provider offers something (for example, reduced rent, repairs, or stopping an eviction) to a resident in exchange for sex. Quid pro quo sexual harassment is illegal even if the offer is accepted because of the difference in bargaining power between a housing provider and the tenant.
Hostile environment sexual harassment occurs when a housing provider, including employees such as office staff and maintenance workers, subjects a resident to conduct of a sexual nature (for example, unwanted or suggestive compliments) that is unwelcome and sufficiently severe or persistent that it interferes with or deprives the resident of their right to use and enjoy their housing.

Examples & Warning Signs:

My landlord made a lot of comments about having sex with me. I ignored him. When I fell behind on rent, he said there was another way I could pay. I said no and he evicted me.
The housing authority inspector wouldn’t approve the apartment I wanted to rent with my voucher unless I performed a sexual act on him. I agreed in order to get my family off the street.
The maintenance man won’t fix anything in my apartment unless I have sex with him. I don’t know what I’m going to do about the broken heater when it gets even colder.
I went to look at a home to rent and the owner told me he would lower the rent if I had sex with him.
I wanted to buy a home. When I went to look at it, the loan officer grabbed my breasts. I said no and left immediately. I never heard about the home or the loan again.
The security guard in my apartment building has been talking about my body and sending me naked pictures. I asked him to stop. I came home one day and found him naked in my bed.
The owner of the home I rent makes comments about my body, clothes, and the sexual acts he wants me to perform on him.

SEXUAL ORIENTATION/GENDER IDENTITY

Housing discrimination against persons who identify as Lesbian, Gay, Bisexual, Transgender, and/or Queer/Questioning (LGBTQ) violates fair housing laws. HUD’s Equal Access Rule requires equal access to HUD housing programs, including HUD housing or mortgage programs and HUD’s Native American and Native Hawaiian Programs, without regard to actual or perceived sexual orientation, gender identity, or marital status. The rule also ensures that all individuals have equal access to HUD’s core programs, including shelters and other buildings and facilities.

Examples & Warning Signs:

Any advertising that includes a preference for or against tenants based on sexual orientation, gender identity or gender expression.
A realtor refuses to show houses listed for sale to a potential buyer because the buyer is transgender.
A landlord refuses to rent to a couple because of the couple’s sexual orientation, or to an individual because of their gender identity, or gender expression.
Treating same-sex couples who are married or in a domestic partnership differently from heterosexual married couples.
A landlord or employees make derogatory comments about a resident’s or guest’s sexual orientation, including a refusal to respect a resident’s gender identity, pronoun or name.
Failing to protect the right of “quiet enjoyment” of rental housing when a resident is harassed or intimidated because of their perceived or actual sexual orientation, gender identity, or gender expression.

SOURCE OF INCOME

Housing providers must treat all income equally, as long as the source is legal, regular, and verifiable. Sources of income can include wages earned from employment, public benefits, retirement or disability income, payments from investments or trusts, alimony, and child support.

Examples & Warning Signs:

Advertising that a person “must have a job” to rent, or requiring documentation that is only available to working applicants, like paycheck stubs.
Refusing to rent to a person who receives public benefits, or refusing to use all regular and verifiable income in determining whether an applicant meets minimum income requirements. Note: Landlords in Delaware are not required to accept Housing Choice Vouchers (Section 8).
Setting income requirements artificially high (for example, monthly income must be four times the rent) in order to exclude applicants who receive public benefits.
Requiring an applicant to provide co-signers or a larger security deposit because of the applicant’s source of income.

HOUSING STATUS

You are protected against discrimination on the basis of housing status, no matter whether it is your, your family’s or a youth’s overnight residence and regardless of its permanence or habitability.

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