6 Del. C. ch. 46 § 4604
Discrimination in residential real estate-related transactions
Operative Text
(a) In general. — It shall be unlawful for any person or other entity whose business includes engaging in residential real estate-related transactions to discriminate against any person in making available such a transaction, or in the terms or conditions of such a transaction, 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. (b) Appraisal exemption. — Nothing in this chapter prohibits a person engaged in the business of furnishing appraisals of real property to take into consideration factors other than 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.
Under 6 Del. C. ch. 46 § 4604, businesses that engage in residential real estate-related transactions — such as mortgage lending, title services, or property sales — are prohibited from treating people differently based on a broad list of protected characteristics, including race, religion, disability, source of income, and housing status, among others. The rule covers both the availability of a transaction and the terms under which it is offered. A separate carve-out clarifies that real property appraisers may consider factors unrelated to those protected characteristics when forming their valuations.
Plain English — not legal advice.
Property owners and managers who participate in residential real estate-related transactions — including financing arrangements or sales — are generally expected to apply consistent criteria to all applicants and counterparties, without regard to the protected characteristics enumerated in 6 Del. C. ch. 46 § 4604. Compliant operators typically document their transaction criteria in writing and apply them uniformly, so that decisions can be shown to rest on neutral, non-discriminatory grounds. Because the provision covers both availability and terms, operators generally review pricing, fee structures, and approval standards to ensure none of those elements vary based on a protected characteristic.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 6 Del. C. ch. 46 § 4604, individuals who believe they were denied a residential real estate-related transaction — or offered it on less favorable terms — because of a protected characteristic such as source of income, disability, or housing status may have grounds to raise a fair housing violation. General enforcement paths include filing a complaint with a relevant state or federal fair housing agency, raising the violation as a defense or counterclaim in a legal proceeding, or reaching out to a tenant-rights or fair housing organization for guidance on available options. Keeping records of communications, transaction terms offered, and any stated reasons for denial can be useful when pursuing any of these 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.
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