Are landlords allowed to reject tenants based on the number of occupants in their household under Fair Housing Law?

In Delaware, landlords are prohibited from rejecting tenants on the basis of household size, according to the Fair Housing Law. This applies to all housing and is meant to prevent discrimination on the basis of familial status. This means that landlords cannot ask how many family members will be living in the house or tenants cannot be denied the right to rent based on the number of family members they have. It is also important to note that Delaware has laws that go beyond what is required by federal law in terms of limiting discrimination in housing. For example, Delaware prohibits discrimination on the basis of sexual orientation and gender identity. All tenants are entitled to basic and fair housing, regardless of their gender, the number of people in their family, their religion, or any other protected class. At the same time, households have certain obligations to ensure that their occupancy number reflects the size and condition of the apartment or home they are renting. Landlords can and should hold tenants responsible for making sure that the number of occupants in their household does not exceed the bedrooms, bathrooms, and other facilities in the house. Violations of occupancy or lease agreements should not be viewed as a basis for discrimination, but rather as an opportunity to ensure that tenants fulfill their obligations.

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