6 Del. C. ch. 46 § 4602

Definitions

In Force
Verified 10/21/2026 · Next check 10/28/2026
effective 10/21/2026DelawareProtected Classes (State/Local)

Operative Text

6 Del. C. ch. 46 § 4602
For purposes of this chapter:

(1) “Age” — For the purpose of defining what is a discriminatory housing practice, “age” means any age 18 years or older.

(2) “Aggrieved persons” includes any person who:

a. Claims to have been injured, directly or indirectly, by a discriminatory housing practice;

b. Believes that such person will be injured, directly or indirectly, by a discriminatory housing practice that is about to occur; or

c. Is associated with a person having a protected status under this chapter and claims to have been injured, directly or indirectly, as a result of a discriminatory housing practice against such person having the protected status.

(3) “Chairperson” means the Chairperson of the Delaware Human and Civil Rights Commission.

(4) “Commission” means the Delaware Human and Civil Rights Commission.

(5) “Complainant” means the person (including the Commission) who files a complaint under § 4610 of this title.

(6) “Conciliation” means the attempted resolution of issues raised by a complaint, or by the investigation of such complaint, through informal negotiations involving the aggrieved person, the respondent and the Commission.

(7) “Conciliation agreement” means a written agreement setting forth the resolution of the issues in conciliation.

(8) “Court” means the Superior Court of the State unless otherwise designated.

(9) “Covered multifamily dwellings” means:

a. Buildings consisting of 4 or more dwelling units if such buildings have 1 or more elevators; and

b. Ground floor dwelling units in other buildings consisting of 4 or more dwelling units.

(10) “Disability” means as defined in § 4502 of this title.

(11) “Discriminatory housing practice” means an act that is unlawful under § 4603, § 4604, § 4605, § 4606 or § 4618 of this title.

(12) “Division” means the Division of Human and Civil Rights.

(13) “Dwelling” means any building, structure or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by 1 or more families, together with any land which is offered for sale, rent or exchange therewith and also means any vacant land which is offered for sale, lease or exchange for the construction or location thereon of any such building, structure or portion thereof. “Dwelling” also includes the public and common use areas associated therewith.

(14) “Familial status” means: one or more individuals who have not attained the age of 18 years being domiciled with:

a. A parent or another person having legal custody of such individual or individuals; or

b. The designee of such parent or other person having such custody, with the written permission of such parent or other person; or

c. Any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18 years.

(15) “Family” includes a single individual.

(16) “Gender identity” means a gender-related identity, appearance, expression or behavior of a person, regardless of the person’s assigned sex at birth.

(17) “Housing for older persons” means housing:

a. Provided under any state or federal program that the Commission determines is specifically designed and operated to assist elderly persons;

b. Intended for, and solely occupied by, persons 62 years of age or older; or

c. Intended and operated for occupancy by at least 1 person 55 years of age or older per unit. In determining whether housing qualifies as housing for older persons under this subsection, the Commission shall develop regulations which shall require at least the following factors:

1. That at least 80 percent of the units are occupied by at least 1 person 55 years of age or older per unit; and

2. The publication of, and adherence to, policies and procedures which demonstrate an intent by the owner or manager to provide housing for persons 55 years of age or older.

(18) “Housing status” means an individual, family, or youth’s current overnight residence regardless of permanence or habitability.

(19) “Marital status” means the legal relationship of parties as determined by the laws of marriage applicable to them or the absence of such a legal relationship.

(20) “Military status” means status as any of the following:

a. A member of the uniformed forces, as defined in 10 U.S.C. § 101, or a reserve component thereof listed under 10 U.S.C. § 10101.

b. A “veteran” as defined in 38 U.S.C. § 101.

c. A “dependent” of a servicemember as defined in 50 U.S.C. § 3911.

(21) “Panel” means 3 or more Commissioners appointed by the Chair to perform any act authorized under this chapter.

(22) “Panel Chair”: that Commissioner designated by the Commission Chair to preside at case hearings, and, further, to perform such other duties as may be specified by applicable laws and regulations.

(23) “Person” includes 1 or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy in cases under Title 11 of the United States Code, receivers, fiduciaries and land use commissions or boards.

(24) “Protective hairstyle” includes braids, locks, and twists.

(25) “Race” includes traits historically associated with race, including hair texture and a protective hairstyle.

(26) “Residential real estate-related transaction” means any of the following:

a. The making, brokering or purchasing of loans or providing other financial assistance:

1. For purchasing, constructing, improving, repairing or maintaining a dwelling; or

2. Secured by residential real estate; or

b. The selling, brokering or appraising of residential real property.

(27) “Respondent” means:

a. The person or other entity accused in a complaint of an unfair housing practice; and

b. Any other person or entity identified in the course of investigation and notified as required with respect to respondents so identified under § 4610(a)(2)a. of this title.

(28) “Sexual orientation” includes heterosexuality, homosexuality, bisexuality, asexuality, or pansexuality.

(29) “Source of income” means any lawful source of money paid directly, indirectly, or on behalf of a renter or buyer of housing including:

a. Income derived from any lawful profession or occupation;

b. Income or rental payments derived from any government or private assistance, grant, or loan program.

(30) “Special Administration Fund” means the Fund established and maintained pursuant to § 3005 of Title 31.

(31) “To rent” includes to lease, to sublease, to assign a lease, to let and otherwise to grant, continue or renew for a consideration the right to occupy premises not owned by the occupant.

(32) “To sell” or “sale” includes a sale, gift, exchange or other means of conveyance.
Source: Legislative text reproduced verbatim
Plain English

Section 4602 of Delaware's Fair Housing law (6 Del. C. ch. 46) establishes the foundational vocabulary used throughout the chapter, defining key terms such as 'discriminatory housing practice,' 'dwelling,' 'aggrieved person,' and protected characteristics including age, disability, familial status, gender identity, military status, sexual orientation, source of income, and housing status. These definitions set the boundaries of who is protected, what conduct is covered, and which institutions and processes apply when a fair housing complaint arises. The definitions also clarify that 'race' encompasses traits historically associated with race—such as hair texture and protective hairstyles like braids, locks, and twists—and that 'source of income' covers both earned income and government or private assistance payments.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 22, 2026

Plain English — not legal advice.

For Property Managers

Property owners and managers operating under Delaware's fair housing framework should be familiar with the definitions in § 4602, as they determine the full scope of protected classes and covered conduct. Compliant operators generally apply these definitions broadly—for example, recognizing that 'familial status' covers households with pregnant individuals and those seeking legal custody of minors, and that 'source of income' includes housing vouchers and other assistance programs. Understanding that 'dwelling' encompasses common areas and that 'covered multifamily dwellings' has a specific structural definition helps operators assess which accessibility and nondiscrimination obligations apply to their properties.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Section 4602 defines who qualifies as an 'aggrieved person' under Delaware's fair housing law, which includes not only those directly harmed by a discriminatory housing practice but also those who believe harm is imminent or who are associated with someone in a protected class. Tenants and housing applicants benefit from a broad set of protected characteristics under this chapter, including housing status, military status, source of income, and race as defined to include protective hairstyles. Those who believe they have experienced a discriminatory housing practice may file a complaint with the Delaware Human and Civil Rights Commission (the 'Commission' as defined in § 4602), or consult a tenant-rights organization to understand available enforcement paths.

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

Current
Oct 21, 2026
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References Out

Rules and statutes cited by this regulation

6 Del. C. § 4502
Not yet ingested
10 U.S.C. § 101
Not yet ingested
10 U.S.C. § 10101
Not yet ingested
38 U.S.C. § 101
Not yet ingested
50 U.S.C. § 3911
Not yet ingested
31 Del. C. § 3005
Not yet ingested

References In

Rules and statutes that cite this regulation

6 Del. C. ch. 46
6 Del. C. § 4602
6 Del. C. ch. 46
6 Del. C. ch. 46
6 Del. C. ch. 46
6 Del. C. ch. 46
6 Del. C. § 4610
6 Del. C. § 4618
6 Del. C. § 4607
6 Del. C. § 4610
6 Del. C. § 4614
6 Del. C. § 4610
6 Del. C. § 4613
6 Del. C. § 4619
6 Del. C. § 4602
6 Del. C. § 4603
6 Del. C. § 4603A
6 Del. C. § 4614
6 Del. C. § 4612
6 Del. C. § 4610
6 Del. C. § 4610
6 Del. C. § 4611
6 Del. C. § 4613
6 Del. C. § 4606

Related Rules

§ 1
Definitions
§ 3
Functions, powers and duties of commission
§ 4
Unlawful practices

Source Information

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Fetched:Oct 21, 2026, 05:29 PM UTC