25 Del. C. ch. 54 § 5409
Antidiscrimination provision
Operative Text
(a) It is unlawful to discriminate against an individual because the individual has made a complaint, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing relating to the presence of a lead-based paint hazard in a rental unit or premises, or the failure to register the rental unit or to obtain or provide a certificate. (b) It is unlawful to discriminate against an individual because the individual or someone residing with the individual in a rental unit has an elevated blood lead level or is perceived as having an elevated blood lead level. It is also unlawful to discriminate against an individual seeking to rent a rental unit because the individual or someone who would be residing in the rental unit has an elevated blood lead level or is perceived as having an elevated blood lead level. (c) A violation of this section is considered a discriminatory housing practice under Chapter 46 of Title 6.
Section 5409 of Delaware's Residential Landlord-Tenant Code prohibits two distinct forms of discrimination in the rental housing context. First, it bars retaliation against anyone who has reported, testified about, or otherwise participated in proceedings related to lead-based paint hazards or registration failures. Second, it forbids refusing to rent to, or otherwise discriminating against, any individual because that person—or someone living or intending to live with them—has or is perceived to have an elevated blood lead level. Violations are treated as discriminatory housing practices under Delaware's Fair Housing Act (Title 6, Chapter 46), which carries its own enforcement mechanisms and remedies.
Plain English — not legal advice.
Operators subject to Delaware's residential rental laws should be aware that § 5409 creates enforceable protections on two fronts: tenants or applicants cannot be treated adversely because they raised lead-hazard concerns or participated in related proceedings, and housing cannot be denied or conditioned based on a resident's or prospective resident's blood lead level—actual or perceived. Compliant operators apply consistent, documented criteria for tenancy decisions that are entirely independent of any lead-related complaints or health conditions. Because violations under § 5409 are classified as discriminatory housing practices under Title 6, Chapter 46, the consequences extend beyond landlord-tenant law into fair housing liability.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 5409, Delaware law protects tenants and applicants from retaliation if they have reported a lead-based paint hazard, participated in an investigation, or been involved in related proceedings. It also protects individuals—and those applying to rent—from being denied housing or treated differently because of an elevated blood lead level, whether real or perceived, affecting anyone in the household. Individuals who believe this provision has been violated may consider filing a complaint with a fair housing agency, raising the violation as a defense in a landlord-tenant proceeding, or reaching out to a tenant-rights organization familiar with Delaware's fair housing framework under Title 6, Chapter 46.
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.
Effective Timeline
References In
Rules and statutes that cite this regulation