Protected Classes

Age

Age is a protected category under the Delaware Fair Housing Act for individuals who are 18 years or older. If you are denied an opportunity to rent, buy, finance, or insure 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.

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 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 against 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 T-shirt

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.”

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.

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.

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.”

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.

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 actively involved 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.

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.

Sexual Harassment

Includes demands for sex or sexual acts 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.

Sexual Orientation/Gender Identity

Housing discrimination against persons who identify as Lesbian, Gay, Bisexual, Transgender, and/or Queer/Questioning (LGBTQ) violates fair housing laws.

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.

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.