Delaware Fair Housing Laws: What Real Estate Exam Candidates Need to Know

Fair housing is tested on both the national and state sections of the Delaware real estate exam. You need to know the federal Fair Housing Act thoroughly, plus Delaware's state additions — including the protection for domestic violence victims, which is specific to Delaware.

Federal Fair Housing Act — Core Knowledge

The federal Fair Housing Act prohibits discrimination in the sale, rental, or financing of housing based on 7 protected classes:

1. Race
2. Color
3. National Origin
4. Religion
5. Sex
6. Familial Status (families with children under 18, pregnant women, people in the process of securing custody)
7. Disability

Prohibited Practices

Steering: Directing buyers or renters toward or away from certain neighborhoods based on a protected class.

Blockbusting: Using fear tactics (e.g., "minorities are moving in") to induce homeowners to sell at reduced prices.

Redlining: Refusing to offer loans, insurance, or services in areas based on racial or ethnic composition.

Discriminatory advertising: Any advertisement that signals a preference for or against a protected class (including coded language).

Exemptions to the Federal FHA

• Owner-occupied buildings with 4 or fewer units (Mrs. Murphy exemption)
• Single-family homes sold without a broker and without discriminatory advertising
• Housing operated by religious organizations or private clubs for their own members

Delaware Fair Housing Additions

Delaware's fair housing law adds the following protected classes beyond the federal seven:

• Marital status — cannot discriminate based on whether someone is single, married, or divorced
• Sexual orientation
• Gender identity
• Domestic violence victim status — landlords cannot refuse to rent to or evict someone solely because they are a victim of domestic violence

Total protected classes in Delaware: 11 (7 federal + 4 Delaware additions)

Disability Protections — Key Details

Under both federal and Delaware law, property owners must:

Reasonable accommodations: Changes in rules, policies, or practices to accommodate a tenant's disability. Example: allowing a service animal in a no-pets building.

Reasonable modifications: Physical changes to the unit or common areas to accommodate a disability. In private housing, the tenant pays for modifications and may be required to restore the property.

Accessible design requirements: New construction of buildings with 4+ units (built after March 13, 1991) must meet accessibility standards including: - Accessible entrances on an accessible route - Accessible common areas - Wider doorways (32 inches clear) - Accessible light switches and outlets

Delaware Domestic Violence Victim Protections

This is a Delaware-specific rule that is frequently tested. A landlord in Delaware cannot: - Refuse to rent to an applicant because they are a domestic violence victim - Evict a tenant solely because they are a domestic violence victim - Terminate a lease solely due to domestic violence-related activity

Domestic violence victims may also have the right to terminate a lease early under Delaware law without standard lease-break penalties.

Practice Questions

Q: A landlord discovers a tenant is a victim of domestic violence and tries to evict them to avoid "trouble." Is this legal in Delaware?

A: No. Domestic violence victim status is a protected class under Delaware fair housing law.

Q: Which of the following is NOT a protected class under Delaware law?

A) Marital status B) Gender identity C) Source of income D) Domestic violence victim status

Answer: C — Source of income is not a protected class under Delaware fair housing law (unlike Connecticut, which does protect lawful source of income).

For Delaware fair housing practice questions, visit [CARealestate.com/states/delaware](https://carealestate.com/states/delaware).