6 Del. C. ch. 46 § 4603
Discrimination in sale or rental of housing and other prohibited practices
Operative Text
(a) For purposes of paragraphs (b)(1)-(5) of this section, the unlawful discrimination against a person on the basis of a specified protected status refers to the protected status of any of the following: (1) A buyer, renter, or aggrieved person. (2) A person residing in or intending to reside in that dwelling after it is sold, rented, or made available. (3) A person associated with that buyer or renter. (b) Except as exempted by § 4607 of this title, it is unlawful: (1) To discriminate in the sale or rental, to refuse to sell or rent, to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, color, national origin, religion, creed, sex, marital status, familial status, source of income, age, sexual orientation, gender identity, disability, military status, or housing status. (2) To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of race, color, national origin, religion, creed, sex, marital status, familial status, source of income, age, sexual orientation, gender identity, disability, military status, or housing status. (3) To make, print, or publish, or cause to be made, printed, or published any notice, statement, or advertisement, with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, national origin, religion, creed, sex, marital status, familial status, source of income, age, sexual orientation, gender identity, disability, military status, or housing status, or an intention to make any such preference, limitation, or discrimination. However, nothing in this chapter restricts the inclusion of information about the availability of housing accessible to persons with a disability in advertising of dwellings. (4) To represent to any person because of race, color, national origin, religion, creed, sex, marital status, familial status, source of income, age, sexual orientation, gender identity, disability, military status, or housing status that any dwelling is not available for inspection, sale or rental when such dwelling is in fact so available. (5) To induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, national origin, religion, creed, sex, marital status, familial status, source of income, age, sexual orientation, gender identity, disability, military status, or housing status. (6) The rights provided under this subsection do not preclude a landlord’s consideration of any other factor not enumerated herein that is permissible under Delaware state or federal law. (c) Nothing in this section requires that a dwelling be made available to persons with disabilities whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others.
Under 6 Del. C. ch. 46 § 4603, it is unlawful in Delaware to refuse to sell or rent a dwelling, impose different terms, publish discriminatory advertisements, misrepresent availability, or use neighborhood-change tactics against someone based on a broad set of protected characteristics—including race, religion, source of income, sexual orientation, disability, and housing status, among others. The prohibition extends to protect not only the direct buyer or renter but also people who intend to live in the unit and those associated with them. Certain exemptions exist under § 4607, and tenancy may be denied where it would pose a direct threat to others or cause substantial property damage.
Plain English — not legal advice.
Property owners and managers operating under 6 Del. C. ch. 46 § 4603 generally ensure that their screening criteria, lease terms, advertising, and communications are applied uniformly across all applicants regardless of protected characteristics such as source of income, disability, or housing status. Compliant operators review marketing materials and rental policies to confirm they contain no language suggesting preference or limitation based on any protected class. Landlords may still consider factors not listed in the statute that are otherwise permissible under Delaware or federal law, as noted in subsection (b)(6).
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 4603 of Title 6 gives Delaware renters and prospective renters the right to be free from discriminatory refusals, unequal lease terms, misleading availability claims, and blockbusting tactics based on protected characteristics. If a tenant believes a landlord has violated this provision, general enforcement paths include filing a complaint with the Delaware Division of Human Relations or a federal fair-housing agency, or raising the violation as a defense in a housing proceeding. Tenant-rights organizations can help individuals understand which avenue may apply to their circumstances.
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
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Rules and statutes that cite this regulation