Fair Housing Act Complaint - Delaware

Before filing: Under Del. Super. Ct. Civ. R. 3(a), file this complaint with a praecipe for issuance of process and the current Superior Court Civil Case Information Statement (CIS) on the court's form.

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, § 4618)
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. Plaintiff Factual Confirmation (Optional)
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 — 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. Plaintiff seeks actual and punitive damages in Superior Court under 6 Del. C. § 4613(c)(1). If Plaintiff seeks Delaware statutory injunctive or affirmative equitable relief under § 4613(c)(2), counsel must use the Court of Chancery route or another court with an independently valid basis for that relief.

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. A consented conciliation agreement limits a later suit on the same practice to enforcement of that agreement; a civil action on the charged practice is also barred once an Administrative Hearing Officer or Panel has begun a hearing on the record. See § 4613(a)(2)–(3).

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. § 4618; 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, § 4618)

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 coerced, intimidated, threatened, or interfered with Plaintiff's exercise or enjoyment of rights protected by the Delaware Fair Housing Act, in violation of 6 Del. C. § 4618.

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. § 4601(b).

5.6. As a direct and proximate result, Plaintiff seeks actual and punitive damages under 6 Del. C. § 4613(c)(1) and discretionary reasonable attorneys' fees, expenses, and costs under § 4613(c)(3). Any Delaware statutory equitable claim must be pleaded in the Court of Chancery route described in § 4613(c)(2).

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 may seek actual and punitive damages, injunctive relief in a court competent to grant it, and reasonable attorneys' fees and costs. There is no federal statutory 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. Defendants refused that request by [IDENTIFY THE REFUSAL OR OTHER PROHIBITED ACT, ITS DATE, AND SUPPORTING FACTS]. If Defendants did not respond or discuss alternatives, describe that conduct as evidence of the alleged refusal; a failure to engage in an interactive process alone does not establish this Count.

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: The court may, in its discretion, allow them to a prevailing aggrieved person under 6 Del. C. § 4613(c)(3); federal fees and costs are governed by 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 as supported by the pleaded claims, applicable law, and proof, 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 declaratory relief only to the extent the selected court has jurisdiction to grant it;
• E. For reasonable attorneys' fees, costs, and expenses under 6 Del. C. § 4613(c)(3) and 42 U.S.C. § 3613(c)(2);
• F. For pre-judgment and post-judgment interest; and
• G. 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. PLAINTIFF FACTUAL CONFIRMATION (OPTIONAL)

I, [PLAINTIFF NAME], have read the foregoing Complaint and confirm that matters stated on my own knowledge are true and that I believe matters stated on information and belief to be true. This optional confirmation is separate from the signature required for the pleading under Del. Super. Ct. Civ. R. 11(a).

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

Complete after service of initial process. Electronic filing alone does not serve an initial defendant.

I certify, based on the return of service, that the issued summons and this Complaint, with any required affidavits, were served together under Del. Super. Ct. Civ. R. 4 on [DEFENDANT NAME] at [SERVICE ADDRESS] on [__/__/____] by [SHERIFF / DEPUTY / COURT-APPOINTED SERVER], using [METHOD AUTHORIZED BY RULE 4]. The return of service was filed on [__/__/____]. For additional defendants, attach a separate service record and return for each.

Certified by: [SIGNATURE AND NAME] Date: [__/__/____]

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 file an administrative complaint with the Division under 6 Del. C. § 4610 or proceed directly to court under § 4613. Administrative exhaustion is not a prerequisite. A pending administrative proceeding does not by itself bar suit, but a consented conciliation agreement limits a later suit on the same practice to enforcement, and a hearing on the record begun by an Administrative Hearing Officer or Panel bars a new § 4613 civil action on the charged practice. See § 4613(a)(2)–(3).
• Private-action period. Section 4613(a)(1) uses the latest of two years after occurrence or termination, discovery or reasonable discoverability, or breach of a conciliation agreement, and excludes the time a qualifying administrative proceeding was pending except for a conciliation-agreement breach claim. Calculate the deadline from the actual facts and current text.
• 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 and forum. Section 4613(c)(1) places actual and punitive damages in Superior Court; § 4613(c)(2) places statutory injunctive and affirmative relief in the Court of Chancery; and § 4613(c)(3) makes a prevailing aggrieved person's fees, expenses, and costs discretionary. Civil penalties arise in public or administrative enforcement, not this private prayer. Section 4615 separately limits respondent or defendant fee awards to improper-purpose matters.
• Forum / removal. Select Superior Court for § 4613(c)(1) damages or Chancery for § 4613(c)(2) statutory equity. Including federal FHA counts can create federal-question removal exposure; confirm forum strategy before filing.
• Administrative path: This targeted audit did not re-verify every § 4610 administrative deadline, charge, hearing, or civil-penalty provision. Confirm that separate path against current official text before using it.

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; forum-specific relief; attorneys' fees), § 4618 (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.