Anti-Discrimination Center

Sec. 35-76. - Definitions. back to top

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:Business of selling or renting: For purposes of this article, a person shall be deemed to be in the business of selling or renting dwellings if:

(1) He has, within the preceding 12 months, participated as principal in three or more transactions involving the sale or rental of any dwelling or any interest therein; or

(2) He has, within the preceding 12 months, participated as agent, other than in the sale of his own personal residence in providing sales or rental facilities, or sales or rental services in two or more transactions involving the sale or rental of any dwelling or any interest therein; or

(3) He is the owner of any dwelling designed or intended for occupancy by, or occupied by five or more families.

See also 6 Del. C. § 4602; 42 U.S.C. § 3603(c).

Commission means the Wilmington Minority Affairs Commission.

Dwelling means any building, structure or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more families, together with any land which is offered for sale or rent therewith; and also means any vacant land which is offered for sale or rent for the construction or location thereon of any such building, structure or portion thereof. A dwelling shall be considered as "offered to the public for sale or rent" if the owner of the dwelling or his agent shall:

(1) Publish, post, display or circulate, or cause to be published, posted, displayed or circulated, any sign, notice, circular, poster, advertisement or the like which discloses or indicates that such dwelling is for sale or rent;

(2) Hire, employ or contract with any person for the purpose of having such other person offer such dwelling for sale or rent; or

(3) Offer such dwelling for sale or rent as a normal activity of a business of the owner involving the sale or rental of dwellings.

Family means one or more individuals living together as a single housekeeping unit and using certain rooms and housekeeping facilities in common. "Family" includes a single individual.

Fixed income means unearned income and shall include pension income, social security benefits and any other income from other than gainful employment.

Handicap means, with respect to a person:

(1) A physical or mental impairment which substantially limits one or more of such person's major life activities;

(2) A record of having such an impairment; or

(3) Being regarded as having such an impairment.

(4) The term "handicap" as used in this article does not include current, illegal use of or addiction to a controlled substance, as defined in section 102 of the Controlled Substance Act (21 U.S.C. § 802 or 16 Del. C. § 47, the Uniform Controlled Substances Act.

Housing Opportunities means the Housing Opportunities of Northern Delaware, Inc.

Inability to pay means that, if the amount of rent to be charged for lease of the premises is more than 40 percent of a prospective tenant's net income, there shall be a conclusive presumption of inability of such person to pay such rent. Conversely, if the amount of such rent is equal to 40 percent or less of such prospective tenant's net income, there shall be a conclusive presumption that such person does have the ability to pay such rent. The burden of proving ability to pay shall be upon the prospective tenant.

Parents with minor children means any parent or parents whose children under 18 years of age reside with them.

Person includes one 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.

Sex means the character of being male or female.

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

Welfare recipient means any person who is the recipient of state general assistance or aid to families with dependent children benefits.

(Code 1968, § 49-14; Ord. No. 92-053(sub 1), § 36(a), 7-2-92; Ord. No. 98-095, § 1, 9-11-98)

Cross reference-Definitions and rules of construction generally, § 1-2.

State law reference-Similar provisions, 6 Del. C. § 4601.

Sec. 35-77. - Purpose. back to top

The provisions of this article are intended to eliminate, as to housing offered to the public for sale or rent, discrimination based upon race, age, marital status, creed, color, sex, sexual orientation, handicap, national origin or economic status as a welfare recipient, person dependent on fixed income or as a parent with a minor child or minor children.

Construction: This article shall be liberally construed to the end that its purposes may be accomplished and all persons may fully enjoy equal rights and access to housing for themselves and their families. Furthermore, in defining the scope or extent of any duty imposed by this chapter, including the duty of reasonable accommodation, higher or more comprehensive obligations established by otherwise applicable federal, state, or local enactments may be considered.

(Code 1968, § 49-15; Ord. No. 98-095, § 1, 9-11-98; Ord. No. 00-121, § 1, 11-16-00)

State law reference-Similar provisions, 6 Del. C. §§ 4601(b), 4602.

Sec. 35-78. - Unlawful acts. back to top

Except as provided in section 35-80 it shall be an unlawful practice for any person because of race, age, marital status, creed, color, sex, sexual orientation, handicap, national origin, or economic or family status to:

(1) Refuse to sell or rent to those who are welfare recipients, or who are dependent upon other fixed incomes, or to a parent with minor children, or to handicapped persons, if such refusal is based only upon the status of the applicant as stated above. Refusal must be based upon the grounds that indicate inability to pay, poor payment record at previous occupancy or a documented record of destruction at previous place of occupancy.

(2) Refuse to sell or rent, or refuse to negotiate for the sale or rental of or otherwise make unavailable or deny to any person a dwelling offered for sale or rent.

(3) Expel any person from a dwelling.

(4) Discriminate against any person in the price, terms, conditions or privileges of sale or rental of a dwelling, or 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 with such dwelling, because of a handicap of:

a. That person;

b. A person residing in or intending to reside in that dwelling after it is so sold, rented, or made available; or

c. Any person associated with that person.

(5) Make, print, 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 upon race, age, marital status, creed, color, sex, handicap, national origin, status as a welfare recipient or of dependency on other fixed income, or as a parent with minor children or an intention to make any such preference, limitation or discrimination.

(6) Represent to any person that any dwelling is not available for inspection, sale or rental when such dwelling is in fact so available.

(7) Induce or attempt to induce, for profit, any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person of a particular race, age, marital status, creed, color, sex, sexual orientation, handicap, national origin or status as a welfare recipient or of dependency on other fixed income, or as a parent with minor children.

(8) Deny a loan or other financial assistance to a person applying therefor for the purpose of purchasing, constructing, improving, repairing or maintaining a dwelling; or discriminate against him in the fixing of the amount, interest rate, duration or other terms or conditions of such loan or other financial assistance.

(9) Deny any person access to or membership or participation in any multilisting service, real estate brokers' organization or other service organization or facility relating to the business of selling or renting dwellings, or to discriminate against him or her in the terms or conditions of such access, membership or participation.

(10) Assist, induce, incite or coerce another person to commit any of the unlawful practices specified in this section.

(11) Refuse to make reasonable accommodations in rules, policies or services when such accommodations may be necessary to afford a handicapped person equal opportunity to use and enjoy a dwelling. See also 42 U.S.C. 3064.

(Code 1968, § 49-16; Ord. No. 92-053(sub 1), § 36(b), 7-2-92; Ord. No. 98-095, § 1, 9-11-98; Ord. No. 00-121, § 1, 11-16-00)

State law reference-Similar provisions, 6 Del. C. § 4603.

Sec. 35-79. - Penalties. back to top

Any person who upon prosecution instituted by the city solicitor or the commission shall be found guilty of an unlawful practice proscribed by section 35-78, shall be fined not more than $2,500.00 or imprisoned for not more than one year, or both.

(Code 1968, § 49-25; Ord. No. 98-095, § 1, 9-11-98)

Sec. 35-80. - Limitations on applicability. back to top

(a) The provisions of this article shall not apply to dwellings owned and operated for other than a commercial purpose by:

(1) A religious organization, association or society; or

(2) Any nonprofit institution or organization operated, supervised or controlled by, or in conjunction with, a religious organization, association or society.

(b) The provisions of this article as to discrimination based upon age shall not apply to nursing or convalescent homes, nor to dwellings owned and operated by any nonprofit institution or organization, if such dwellings are used as housing for the elderly and are exempt from city real property taxation, or are assisted by city, state or federal funds.

(c) The provisions of this article as to discrimination based upon handicap shall not require any person to modify the features or structure of a dwelling unless otherwise required by law or the following conditions are met:

(1) A minor modification of the dwelling is requested by a tenant or prospective tenant and the tenant or prospective tenant bears the expense of the modification.

(2) If required by the landlord or owner, the tenant agrees in writing prior to the modifications to return the dwelling to its original state prior to vacating the dwelling.

(d) A real estate appraiser may take factors other than race, color, religion, national origin, sex, sexual orientation, handicap or familial status into consideration when furnishing an appraisal of real property.

A religious organization, association or society. Nothing in this article shall prohibit a religious organization, association, or society, or any non-profit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association, or society, from limiting the sale, rental, or occupancy of dwellings, which it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preference to such persons, unless membership in such religion is restricted on account of race, color, or national origin. Nor shall anything in this article prohibit a private club, not in fact open to the public, which as an incident to its primary purpose or purposes provides lodgings which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of such lodgings to its members or from giving preference to its members.

(Code 1968, § 49-17; Ord. No. 98-095, § 1, 9-11-98; Ord. No. 00-121, § 1, 11-16-00)

State law reference-Similar provisions, 6 Del. C. § 4604.

Sec. 35-81. - Enforcement and procedures on complaint. back to top

(a) The city has previously designated Housing Opportunities of Northern Delaware, Inc., as its advisor on the issue of fair and equal housing. Any person who believes that he has been discriminated against may file a complaint with the city minority affairs commission for review and investigation as provided in this article. Housing Opportunities shall assist and advise the commission and the commission shall first attempt to resolve the allegations and issues between the parties in an amicable and voluntary manner at its discretion. Housing Opportunities and the commission shall jointly provide to the mayor and the council an annual report regarding the status of all complaints which have been filed with the commission.

(b) Any person believing himself to be aggrieved by an unlawful practice, as defined in section 35-78, may file a complaint in writing with the commission. Such complaint shall be filed within one year after the occurrence of the alleged unlawful practice. Such complaint shall state:

(1) The name and address of the complainant.

(2) The name and address, if known, of the person or persons who allegedly committed the unlawful practice.

(3) The location of the dwelling involved.

(4) The date when the alleged unlawful practice occurred.

(5) A statement of the facts upon which the complainant bases his contention that the respondent violated this article.

(6) Such other information as may be required by the commission.

(c) The complaint shall be signed by the complainant and sworn to before a person authorized to administer oaths.

(d) Upon receipt of a complaint, the commission shall send a copy of the complaint to the respondent by registered or certified mail.

(e) As soon as practicable, the chairman of the commission shall appoint a panel of three members of the commission who shall promptly conduct investigations and hold hearings, public or private, as they deem necessary and proper. The panel appointed shall, as part of their investigation, endeavor to eliminate any unlawful practice and the consequences thereof by inducing compliance through informal methods of conference, persuasion and conciliation.

(f) Within 100 days after the filing of a complaint, the panel of commissioners or a majority of them shall submit a written report of their findings to the chairman. If a majority of the commissioners determine that the respondent did not commit an unlawful practice, the chairman shall issue an order dismissing the complaint. If a majority of the commissioners determine that the respondent committed an unlawful practice, the chairman and the respondent shall execute an agreement which shall provide that the respondent refrain from any unlawful practice and contain such other terms as are reasonable to effectuate the purpose of this article, including provisions to provide relief from the consequences of the unlawful practice and provisions to ensure future compliance with the law. If the respondent shall refuse to execute such an agreement, the chairman shall, after a public or private hearing, issue an order of the commission specifying the unlawful practice committed by the respondent, stating the findings of the panel of commissioners who investigated the complaint, and directing the respondent to discontinue such unlawful practice and to comply with such other stated terms as are reasonable to effectuate the purposes of this article.

(g) If a majority of the commissioners appointed finds that probable cause exists for believing that the allegations of the complaint are true and constitute an unlawful practice, as defined in section 35-78, and that the complaint was not filed for harassment or frivolous purposes, the commissioners, in the name of the commission may petition the court of chancery for appropriate injunctive relief against the respondent, including orders and decrees restraining the respondent from selling, renting or otherwise making unavailable to the complainant the dwelling specified in the complaint pending final determination of proceedings under this article.

(h) Conciliation agreements. Any conciliation agreement shall be made public unless the complainant and respondent otherwise agree and the secretary of the commission determines that disclosure is not required to further the purposes of this article.

(Code 1968, § 49-18; Ord. No. 98-095, § 1, 9-11-98)

Sec. 35-82. - Regulations. back to top

The commission may adopt, revise or rescind such regulations as it deems necessary or appropriate to administer the provisions of this article, and such regulations shall take effect upon approval by resolution of the city council.

(Code 1968, § 49-19)

Sec. 35-83. - Investigations and hearings. back to top

Investigations shall be conducted and hearings, public or private, shall be held under this article in accordance with the regulations of the commission; provided that with respect to hearings, public or private:

(1) At least three days' notice shall be given to all parties;

(2) Testimony shall be given under oath;

(3) All parties shall be entitled to be heard in person or by attorney and to present evidence; and

(4) The right of cross examination shall be preserved.

(Code 1968, § 49-20)

Sec. 35-84. - Compelling attendance of witnesses and production of documents; subpoenas and oaths. back to top

In any proceeding under this article any member of the commission may administer oaths, and, with the advice and assistance of the city solicitor, compel the attendance of witnesses and the production of papers, books, accounts and other documents by the city solicitor issuing subpoenas on behalf of the commission. The subpoenas shall be served by any employee or member of the commission or any police officer, with return thereof made to the commission.

(Code 1968, § 49-21)

Sec. 35-85. - Refusal to obey subpoena, answer questions or produce documents; contempt; criminal penalties. back to top

(a) If a person is subpoenaed and fails to obey the command of such subpoena without reasonable cause, or if a person in attendance refuses without lawful cause to be examined, to answer any proper question, or to produce papers, books, accounts or other documents when ordered to do so by a member of the commission, the city solicitor shall be authorized to compel the attendance of witnesses and the production of documents at his office at any time, or any place for the purpose of investigation with the commission of alleged violations of the provisions of this article. Subpoenas and attachments for the attendance of such witnesses and the production of such documents shall be signed by the city solicitor or his duly appointed assistants. Such subpoenas and attachments shall be served by any police officer. Any false answer or statement given in such a case shall be deemed perjury and punished accordingly. Any failure to appear on the part of any person duly served shall be contempt and shall be punished accordingly.

(b) Any person who willfully fails or neglects to attend and testify or to answer any lawful inquiry, or to produce records, documents or other evidence, if it is in such person's power to do so, in obedience to the subpoena or other lawful order under this section, shall in each instance be fined not more than $2,500.00, or imprisoned not more than one year, or both.

(c) Any person who, with intent thereby to mislead another person in any proceeding under this article:

(1) Makes or causes to be made any false entry or statement of fact in any report, account, record or other document produced pursuant to subpoena or other lawful order under this section;

(2) Willfully neglects or fails to make or to cause to be made full, true and correct entries in such reports, accounts, records or other documents; or

(3) Willfully mutilates, alters or by any other means falsifies any documentary evidence shall in each instance be fined not more than $2,500.00, or imprisoned not more than one year, or both.

(Code 1968, § 49-22; Ord. No. 98-095, § 1, 9-11-98)

Sec. 35-86. - Legal and equitable remedies. back to top

The city solicitor, on behalf of the commission, or any tenant or prospective tenant, or any property owner or landlord, or any other person alleged to have been aggrieved by any action taken, or by any failure to act or by any order issued pursuant to, or in contravention or avoidance of, the provisions of this article may institute and maintain any action or proceeding at law or in equity which he considers necessary or appropriate to secure compliance with the provisions of this article or to obtain relief from any such action, failure to act, or order.

(Code 1968, § 49-23)

Sec. 35-87. - Enforcement of commission orders. back to top

The city solicitor, upon the written request of the chairman, and on behalf of the commission as plaintiff, shall commence a civil action in the court of chancery for the enforcement of any order or agreement under this article.

(Code 1968, § 49-24)

Secs. 35-88-35-110. - Reserved. back to top