1 Del. Admin. Code § 602 § 4.0
Investigation of the Complaint
Operative Text
4.1 Investigation of complaints shall be conducted by the Division and commenced within thirty (30) days after filing the complaint, and may include: interviews, questionnaires, fact finding conferences, search of records, tests, identification of witnesses, development of statistics, other studies of alleged practices and patterns, or other work to gather relevant evidence. 4.1.1 Evidence sought by a subpoena issued in connection with an investigation must be relevant to the investigation, be adequately specified, and only cover a reasonable period of time. 4.2 Within thirty (30) days after a complaint is filed, the Division shall prepare questionnaires to be answered by the parties. Questions may be suggested by the parties for inclusion in such questionnaires. The answer to such questionnaires shall be submitted in writing to the Division within ten (10) days after service of the questionnaire. Each party shall receive a copy of every other party’s response to questionnaires. 4.3 The Division may schedule an informal fact-finding conference to be held with the Complainant and Respondent within thirty (30) days of the date the complaint is filed, unless it is impractical to do so. 4.4 Investigation of a complaint shall proceed according to the time limits set forth in the Act, to aid conciliation, to determine if reasonable cause exists to issue a charge and to prepare the case for hearing or Court. 4.5 At the end of each investigation, the Division shall prepare a final investigative report containing that information set forth in Section 4610 (b)(5) of The Act.
Under 1 Del. Admin. Code 602 § 4.0, when a housing discrimination complaint is filed, the Division is required to open an investigation within thirty days. The investigation can involve a range of fact-gathering tools—such as interviews, questionnaires, witness identification, and record searches—and must follow the time limits set by the Act. Any subpoena issued during the investigation must seek only relevant, reasonably specified evidence covering a reasonable time period, and the process concludes with a formal investigative report.
Plain English — not legal advice.
Under 1 Del. Admin. Code 602 § 4.0, a property owner or manager named as a respondent in a complaint can expect to receive a written questionnaire from the Division within thirty days of the complaint being filed, with responses due within ten days of service. Compliant operators generally respond fully and in writing, and retain copies of all records that may be relevant to the investigation period. Respondents are also entitled to receive copies of the complainant's questionnaire responses, and may suggest questions for inclusion in the Division's questionnaires.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 1 Del. Admin. Code 602 § 4.0, a person who files a housing discrimination complaint with the Division has the right to expect that an investigation will begin within thirty days of filing. As a complainant, you are entitled to receive copies of the respondent's written questionnaire responses, and you may suggest questions for the Division to include in its questionnaires. Tenant-rights organizations familiar with Delaware fair housing procedures can help explain what to expect at each stage, including any informal fact-finding conference the Division may schedule.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 22, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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