Fair Housing Act Complaint - Delaware

DELAWARE FAIR HOUSING ACT COMPLAINT

TABLE OF CONTENTS

1. Caption
2. Parties
3. Jurisdiction and Venue
4. Factual Allegations
5. Count I — Delaware Fair Housing Act (6 Del. C. § 4603, § 4605, § 4619)
6. Count II — Federal Fair Housing Act (42 U.S.C. § 3604, § 3617)
7. Count III — Reasonable Accommodation / Modification (Disability)
8. Damages
9. Prayer for Relief
10. Demand for Jury Trial
11. Verification
12. Signature and Service
13. Certificate of Service
14. Delaware Practice Notes
15. Sources and References

1. CAPTION

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE

IN AND FOR [NEW CASTLE / KENT / SUSSEX] COUNTY

C.A. No. [____]

COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF — HOUSING DISCRIMINATION

1. Violation of the Delaware Fair Housing Act (6 Del. C. § 4600 et seq.);
2. Violation of the Federal Fair Housing Act (42 U.S.C. § 3604, § 3617); and
3. Failure to Make Reasonable Accommodation / Permit Reasonable Modification.

DEMAND FOR JURY TRIAL

Plaintiff, by and through undersigned counsel, alleges as follows:

2. PARTIES

2.1. Plaintiff. Plaintiff [PLAINTIFF NAME] ("Plaintiff") is, and at all relevant times has been, a resident of [CITY, COUNTY], Delaware. Plaintiff is an "aggrieved person" within the meaning of 6 Del. C. § 4602(2) and 42 U.S.C. § 3602(i), and is a member of one or more protected classes under the Delaware Fair Housing Act, specifically: [PROTECTED CLASS(ES)].

2.2. Defendant Owner / Housing Provider. Defendant [DEFENDANT NAME] ("[SHORT NAME]") is, and at all relevant times has been, a [corporation / limited liability company / partnership / individual] that owns, operates, manages, and/or leases the dwelling at issue, and is a "person" subject to the Delaware Fair Housing Act and the federal Fair Housing Act.

2.3. Individual Defendant. Defendant [INDIVIDUAL DEFENDANT NAME] is, and at all relevant times was, a [manager / leasing agent / owner / employee / agent] of [SHORT NAME] acting within the course and scope of that agency, and is sued individually.

2.4. Additional Defendants. Defendant [BROKER / AGENT / LENDER] is named with respect to [brokerage services / financing / real estate-related transaction] under 6 Del. C. § 4605 and § 4606.

2.5. The Subject Dwelling. The housing at issue is located at [PROPERTY ADDRESS] ("the Dwelling"), which is a "dwelling" within the meaning of 6 Del. C. § 4602(13) and 42 U.S.C. § 3602(b).

3. JURISDICTION AND VENUE

3.1. Subject-matter jurisdiction. This Court has original jurisdiction over the Delaware Fair Housing Act claims pursuant to 6 Del. C. § 4613, which authorizes an aggrieved person to commence a civil action in the Superior Court of the State of Delaware ("Court" as defined in 6 Del. C. § 4602(8)).

3.2. Federal claims. This Court has concurrent jurisdiction over the parallel federal Fair Housing Act claims under 42 U.S.C. § 3613, which permits a civil action in any state or federal court of competent jurisdiction.

3.3. Venue. Venue is proper in [NEW CASTLE / KENT / SUSSEX] County because the discriminatory housing practice occurred in this County and the Dwelling is located in this County.

3.4. No exhaustion required. An aggrieved person may bring a civil action under 6 Del. C. § 4613 whether or not an administrative complaint has been filed with the Division of Human and Civil Rights, and without regard to the status of any such complaint, except as limited by an executed conciliation agreement.

4. FACTUAL ALLEGATIONS

4.1. On or about [DATE], Plaintiff [applied to rent / sought to purchase / was a tenant of / sought financing for] the Dwelling.

4.2. Plaintiff is a member of the following protected class(es) under the Delaware Fair Housing Act: [IDENTIFY — e.g., race, color, national origin, religion, creed, sex, marital status, familial status, source of income, age (18+), sexual orientation, gender identity, disability, military status, or housing status].

4.3. At all relevant times Plaintiff was [qualified to rent / qualified to purchase / a tenant in good standing] and met Defendants' legitimate, non-discriminatory requirements.

4.4. Discriminatory housing practice. Defendants engaged in one or more of the following discriminatory housing practices because of Plaintiff's protected class (check all that apply):

☐ Refusal to rent, sell, or negotiate for the Dwelling (6 Del. C. § 4603(1); 42 U.S.C. § 3604(a))
☐ Discriminatory terms, conditions, or privileges, or in services or facilities (6 Del. C. § 4603(2); 42 U.S.C. § 3604(b))
☐ Discriminatory notice, statement, or advertising (6 Del. C. § 4603(3); 42 U.S.C. § 3604(c))
☐ Representation that the Dwelling is unavailable when it is in fact available (6 Del. C. § 4603(4); 42 U.S.C. § 3604(d))
☐ Steering to or away from particular dwellings or neighborhoods
☐ Refusal to make a reasonable accommodation in rules, policies, practices, or services (6 Del. C. § 4603A; 42 U.S.C. § 3604(f)(3)(B))
☐ Refusal to permit a reasonable modification of the premises (6 Del. C. § 4603A; 42 U.S.C. § 3604(f)(3)(A))
☐ Discrimination in residential real estate-related transactions / lending (6 Del. C. § 4605; 42 U.S.C. § 3605)
☐ Harassment or creation of a hostile housing environment
☐ Interference, coercion, intimidation, or retaliation (6 Del. C. § 4619; 42 U.S.C. § 3617)
☐ Discrimination based on source of income, age, sexual orientation, gender identity, marital status, military status, or housing status (Delaware-specific protected classes; 6 Del. C. § 4603)

4.5. Specifically, Defendants engaged in the following conduct:

• [SPECIFIC INCIDENT 1 — date, decision-maker, conduct, words spoken, witnesses];
• [SPECIFIC INCIDENT 2];
• [SPECIFIC INCIDENT 3].

4.6. [Comparator evidence, if available: Similarly situated applicants or tenants outside Plaintiff's protected class were treated more favorably, including [DESCRIBE].]

4.7. [Where applicable — disability:] Plaintiff has a disability within the meaning of 6 Del. C. § 4502 and 42 U.S.C. § 3602(h), namely [DESCRIBE FUNCTIONAL LIMITATION]. On or about [DATE], Plaintiff requested [the reasonable accommodation / modification of: DESCRIBE], which was necessary to afford Plaintiff an equal opportunity to use and enjoy the Dwelling. Defendants [denied the request / failed to respond / imposed unreasonable conditions / retaliated].

4.8. Plaintiff reported the discrimination to [Defendant / the Division of Human and Civil Rights / HUD] on [DATE(S)], but Defendants failed to take corrective action.

4.9. As a direct and proximate result of Defendants' conduct, Plaintiff suffered the harm described in the Damages section below.

5. COUNT I — DELAWARE FAIR HOUSING ACT (6 Del. C. § 4603, § 4605, § 4619)

5.1. Plaintiff incorporates Paragraphs 2.1 through 4.9 as though fully set forth.

5.2. The Delaware Fair Housing Act makes it unlawful to discriminate in the sale, rental, or financing of housing, or in the terms, conditions, privileges, services, or facilities thereof, 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. 6 Del. C. § 4603.

5.3. Defendants committed a "discriminatory housing practice" as defined in 6 Del. C. § 4602(11) by engaging in the conduct alleged in Paragraph 4.4 because of Plaintiff's protected class.

5.4. Defendants further interfered with, coerced, intimidated, or retaliated against Plaintiff in the exercise of rights protected by the Delaware Fair Housing Act, in violation of 6 Del. C. § 4619.

5.5. The Act is to be liberally construed to accomplish its purpose of eliminating housing discrimination, and may incorporate higher or more comprehensive obligations from applicable federal, state, or local law. 6 Del. C. § 4602(b).

5.6. As a direct and proximate result, Plaintiff has been injured and is entitled to actual damages, punitive damages, injunctive and declaratory relief, and reasonable attorneys' fees, costs, and expenses under 6 Del. C. § 4613.

6. COUNT II — FEDERAL FAIR HOUSING ACT (42 U.S.C. § 3604, § 3617)

6.1. Plaintiff incorporates Paragraphs 2.1 through 4.9 as though fully set forth.

6.2. The federal Fair Housing Act makes it unlawful to refuse to sell or rent, to discriminate in the terms or conditions of housing, to make discriminatory statements, or to otherwise make housing unavailable because of race, color, religion, sex, familial status, national origin, or disability. 42 U.S.C. § 3604.

6.3. Defendants' conduct alleged in Paragraph 4.4 constitutes discrimination in violation of 42 U.S.C. § 3604(a)–(d) and, where lending or real estate-related transactions are at issue, 42 U.S.C. § 3605.

6.4. Defendants further coerced, intimidated, threatened, interfered with, or retaliated against Plaintiff in the exercise of rights protected by the federal Fair Housing Act, in violation of 42 U.S.C. § 3617.

6.5. Pursuant to 42 U.S.C. § 3613, Plaintiff is entitled to actual and punitive damages, injunctive relief, and reasonable attorneys' fees and costs. There is no federal cap on compensatory or punitive damages in a private FHA action.

7. COUNT III — REASONABLE ACCOMMODATION / MODIFICATION (DISABILITY)

7.1. Plaintiff incorporates Paragraphs 2.1 through 4.9 as though fully set forth.

7.2. Plaintiff is a person with a disability within the meaning of 6 Del. C. § 4502 and 42 U.S.C. § 3602(h).

7.3. Under 6 Del. C. § 4603A and 42 U.S.C. § 3604(f)(3), it is unlawful discrimination to refuse to make reasonable accommodations in rules, policies, practices, or services, or to refuse to permit, at the disabled person's expense, reasonable modifications, when such accommodation or modification may be necessary to afford the person an equal opportunity to use and enjoy a dwelling.

7.4. Plaintiff requested the reasonable accommodation/modification described in Paragraph 4.7, which was necessary and reasonable, and Defendants unlawfully denied or failed to engage in the interactive process regarding that request.

7.5. As a direct and proximate result, Plaintiff has suffered damages and is entitled to relief under 6 Del. C. § 4613 and 42 U.S.C. § 3613.

8. DAMAGES

8.1. Actual / compensatory damages: out-of-pocket losses, increased housing costs, moving expenses, lost housing opportunity, and other pecuniary harm, in amounts to be proven at trial.

8.2. Emotional distress damages: humiliation, embarrassment, mental anguish, anxiety, and loss of dignity arising from the discrimination.

8.3. Punitive damages: Defendants acted intentionally, willfully, and/or with reckless disregard for Plaintiff's protected rights, warranting punitive damages under 6 Del. C. § 4613 and 42 U.S.C. § 3613(c).

8.4. Civil penalties: In addition to relief to the aggrieved person, the Delaware Human and Civil Rights Commission and the federal enforcement scheme provide for civil penalties against respondents found to have committed discriminatory housing practices.

8.5. Attorneys' fees, costs, and expenses: Recoverable by the prevailing aggrieved person under 6 Del. C. § 4613(o) and 42 U.S.C. § 3613(c)(2).

8.6. Pre- and post-judgment interest as allowed by law.

9. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays for judgment against Defendants, jointly and severally, as follows:

• A. For actual and compensatory damages according to proof;
• B. For damages for emotional distress, humiliation, and loss of dignity;
• C. For punitive damages under 6 Del. C. § 4613 and 42 U.S.C. § 3613(c);
• D. For a declaration that Defendants' conduct violated the Delaware Fair Housing Act and the federal Fair Housing Act;
• E. For injunctive relief, including an order that Defendants cease the discriminatory practices, make the Dwelling available to Plaintiff, grant the requested accommodation/modification, and adopt non-discriminatory policies and training;
• F. For reasonable attorneys' fees, costs, and expenses under 6 Del. C. § 4613(o) and 42 U.S.C. § 3613(c)(2);
• G. For pre-judgment and post-judgment interest; and
• H. For such other and further relief as the Court deems just and proper.

10. DEMAND FOR JURY TRIAL

Plaintiff hereby demands a trial by jury on all issues so triable as a matter of right.

11. VERIFICATION

I, [PLAINTIFF NAME], declare under penalty of perjury under the laws of the State of Delaware that I am the Plaintiff in this action; that I have read the foregoing Complaint; and that the matters stated therein are true of my own knowledge, except as to matters stated on information and belief, and as to those matters, I believe them to be true.

Executed on [__/__/____] at [CITY], Delaware.

[________________________________]

[PLAINTIFF NAME]

12. SIGNATURE AND SERVICE

Date: [__/__/____]

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME], Delaware Bar ID No. [____]

Counsel for Plaintiff

[STREET ADDRESS]

[CITY, STATE ZIP]

Telephone: [____]

Email: [____]

13. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I caused a true and correct copy of the foregoing COMPLAINT to be served on the following parties by [method — personal service / certified mail / File & ServeXpress electronic service]:

[SERVICE LIST WITH NAMES AND ADDRESSES]

[________________________________]

[NAME / TITLE]

14. DELAWARE PRACTICE NOTES

• Enforcing agency. The Delaware Division of Human and Civil Rights, working with the Delaware Human and Civil Rights Commission, investigates and adjudicates administrative housing-discrimination complaints under 6 Del. C. ch. 46.
• Administrative charge vs. direct court suit. An aggrieved person may EITHER file an administrative complaint with the Division under 6 Del. C. § 4610 OR proceed directly to court under 6 Del. C. § 4613. Administrative exhaustion is NOT a prerequisite to the civil action. A pending administrative proceeding does not bar the civil action, but an executed conciliation agreement may limit a subsequent private suit.
• Limitations periods. The administrative complaint must be filed with the Division within ONE (1) YEAR after the discriminatory housing practice occurred or terminated (tracking the federal HUD deadline, 42 U.S.C. § 3610(a)(1)(A)(i)). The private civil action under 6 Del. C. § 4613 must be commenced within TWO (2) YEARS after the occurrence or termination of the discriminatory practice (mirroring the federal 2-year limit under 42 U.S.C. § 3613(a)). The 2-year period does not include time during which an administrative proceeding was pending. Verify the current statutory text before relying on these deadlines.
• Delaware-specific protected classes. Beyond the seven federal classes, the Delaware Fair Housing Act adds creed, marital status, source of income, age (18+), sexual orientation, gender identity, military status, and housing status (6 Del. C. § 4601, § 4603). Source-of-income protection reaches Housing Choice (Section 8) vouchers and other lawful income.
• Remedies. Actual damages (no cap), punitive damages, declaratory and injunctive relief, civil penalties in administrative/Attorney General enforcement, and attorneys' fees and expenses to the prevailing aggrieved person (6 Del. C. § 4613(o)). A respondent who prevails may recover fees only where the action was brought for an improper purpose.
• Forum / removal. The Delaware Fair Housing Act civil action lies in the Superior Court. Including the federal FHA counts permits removal to the U.S. District Court for the District of Delaware; plead state-only counts to remain in Superior Court if desired.
• Unsettled / verify: Confirm the exact current limitations language in § 4610 and § 4613 and the current civil-penalty amounts, which are periodically amended; Delaware has amended ch. 46 frequently (most recently 84 and 85 Del. Laws).

15. SOURCES AND REFERENCES

• Delaware Fair Housing Act, 6 Del. C. ch. 46 — https://delcode.delaware.gov/title6/c046/index.html
• 6 Del. C. § 4602 (definitions; protected classes; aggrieved person; Court = Superior Court)
• 6 Del. C. § 4603, § 4603A (prohibited practices; disability/accommodation)
• 6 Del. C. § 4610 (administrative complaint), § 4613 (private civil action; attorneys' fees), § 4619 (interference, coercion, intimidation)
• Delaware Division of Human and Civil Rights — Protected Classes — https://humanandcivilrights.delaware.gov/how-can-we-help/protected-classes/
• Federal Fair Housing Act, 42 U.S.C. § 3601 et seq. — https://www.justice.gov/crt/fair-housing-act-1
• 42 U.S.C. § 3604, § 3605, § 3613, § 3617
• 24 C.F.R. Part 100 (HUD Fair Housing regulations)
• Texas Dep't of Housing & Community Affairs v. Inclusive Communities Project, Inc., 576 U.S. 519 (2015) (disparate impact)

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in Delaware must review and customize this document before filing. Laws, citations, and court rules change frequently; verify all authorities before use.