Delaware added a protected class — and a clause that adds future ones automatically
Delaware added a protected class — and a clause that adds future ones automatically
2026-07-25 · Delaware · Legislation
Delaware associations are “persons” under the Delaware Fair Housing Act, and their rules, approvals and amenity access are within its scope. That Act gained a protected class in July 2025 — and then, a month later, a clause that will add future ones without anyone passing another housing bill.
Military status
House Substitute 1 for HB 55, sponsored by Representative Chukwuocha, was signed July 23, 2025 and published as 85 Del. Laws c. 104. It added “military status” throughout 6 Del. C. ch. 46 — §§ 4601, 4602, 4603, 4604, 4605 and 4606.1
It also created a safe harbour at § 4606(l): “Nothing in this chapter prohibits a distinction or differential treatment on the basis of military status that is expressly allowed by Delaware law or regulation, federal law or regulation, or government contract.”
Why an association is covered at all
This is the point boards most often get wrong. Chapter 46 defines “Person” to include associations, and it reaches residential real-estate-related transactions and the provision of services and facilities.2
A homeowners association administering architectural approvals, rental restrictions, occupancy limits, guest rules, pool and clubhouse access, or a tenant-screening requirement is doing things the Act addresses. It does not need to be a landlord or a seller.
The catch-all
HB 36, sponsored by Representative Morrison, was signed August 26, 2025 (effective August 20, 2025) as 85 Del. Laws c. 144. It is a ten-title non-discrimination alignment bill, and only two of its Title 25 changes matter here — but one of them matters a great deal.
The protected-class list at 25 Del. C. § 5116, the fair-housing provision of the Residential Landlord-Tenant Code, gained “familial status, or any other basis protected under Chapter 46 of Title 6.” The senior-housing provision in the same section got the same catch-all.3
That clause is self-updating. A future addition to the Delaware Fair Housing Act's protected classes now flows into the landlord-tenant provisions automatically, with no further amendment.
Keep reading with the Delaware State Pass
The rest of this analysis — what an association can actually do, the recent bills and rulings, and how Delaware compares nationally — is for subscribers. $49/month for every Delaware topic on HOA Weekly.
$49/month, $449/year, or a $19.99 day pass.
What you unlock
- The manufactured-housing half
- What this actually means for a board
- What Delaware courts did in the same period — and its limit
and 2 more sections in detail
Already a subscriber? Sign in
Recurring monthly subscription · Cancel anytime · Need help?
Related Delaware HOA Topics
- 85 Del. Laws c. 144 (HB 36), approved Aug. 26, 2025, effective Aug. 20, 2025 — chapter text amending 25 Del. C. §§ 5116, 7102 and 6 Del. C. ch. 46 ↩
- 6 Del. C. ch. 46 — Delaware Fair Housing Act (“Person” includes associations; §§ 4601–4606; § 4606(l) safe harbour; 85 Del. Laws c. 104, c. 144) ↩
- 25 Del. C. ch. 55 — Residential Landlord-Tenant Code (§ 5116 as amended, including the Chapter 46 catch-all) ↩
Stay on top of Delaware HOA law
Every week: new Delaware legislation, court rulings, and regulatory developments affecting condos, planned communities, and property managers. Free.
No spam. Unsubscribe anytime.