1 Del. Admin. Code § 602 § 6.0
Administrative Closure
Operative Text
6.1 A case can be voluntarily terminated upon withdrawal of complaint by Complainant in writing prior to a response by the Respondent. However, after a response is filed by Respondent, a complaint may be withdrawn only with the consent of the Respondent or with approval by the Chairperson or his or her designee. 6.2 A case may be closed by the Division for lack of activity in the case for more than ninety (90) days, failure of the Complainant to cooperate, or loss of contact with the Complainant. Application shall be made in writing to the Director or Chairperson, stating the reason for the proposed closing. 6.3 All notices of case closing shall be served on all parties at the last addresses they provided to the Division and shall include a statement of the option to re-file the complaint as provided under that Act within the applicable statute of limitations.
Section 6.0 of 1 Del. Admin. Code 602 governs how housing discrimination cases can be closed before a final decision is reached. A complainant may withdraw a case freely before the respondent has filed a response, but after that point, withdrawal requires either the respondent's agreement or approval from the Chairperson or a designee. The Division itself may also close a case administratively if it has been inactive for more than 90 days, if the complainant fails to cooperate, or if contact with the complainant is lost. Any closure notice must be sent to all parties at their last known addresses and must inform them of their right to re-file within the applicable statute of limitations.
Plain English — not legal advice.
Under 1 Del. Admin. Code 602 § 6.0, once a respondent has filed a formal response to a complaint, that respondent gains a procedural role in any withdrawal decision — the complainant cannot unilaterally drop the case without the respondent's consent or Chairperson approval. Operators who have submitted a response and wish to track the status of a case generally maintain current contact information with the Division to ensure they receive any closure notices. Keeping records of all correspondence with the Division helps operators stay informed about whether a case has been administratively closed and what re-filing options remain available to the other party.
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 § 6.0, a complainant who files a housing discrimination complaint retains the right to withdraw it in writing before the respondent responds, but loses that unilateral right once a response is on record. The Division may also close a case on its own if there is no activity for more than 90 days or if the complainant becomes unresponsive, so staying in regular contact with the Division is a recognized way to keep a case active. Any closure notice must include information about the option to re-file under the applicable statute of limitations, and tenant-rights organizations in Delaware can help complainants understand what that window means for their situation.
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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