1 Del. Admin. Code § 602-1.0

Current through Register Vol. 28, No. 7, January 1, 2025

Section 602-1.0 - Definitions

1.1 The following terms used in these regulations shall have the same definition as defined in the Delaware Fair Housing Act, Section 4602:

Age

Aggrieved persons

Chairperson

Commission

Complainant

Conciliation

Conciliation Agreement

Court

Covered Multifamily Dwellings

Discriminatory Housing Practice

Division

Dwelling

Familial Status

Family

Housing For Older Persons

Marital Status

Panel

Panel Chair

Person

Residential Real Estate - Related Transaction

Respondent

To Rent

To Sell or sale

Special Administration Fund

1.2 As used in these Rules and Regulations, the following terms are defined:

"Act" means The Delaware Fair Housing Act as amended from time to time, 6 Del.C., Ch. 46.

"Charging Party" means the same as "Complainant" (including in some instances the Commission).

"Commissioner" means a person duly serving as a member of the Commission.

"Creed" means any system of beliefs guiding or directing a person's behavior and actions including, but not limited to, an organized religion, sect, or philosophical society.

"Direct Threat" means an individualized assessment that is based on reliable objective evidence (e.g., current conduct, or a recent history of overt acts). The assessment must consider:

(1) the nature, duration, and severity of the risk of injury;

(2) the probability that injury will actually occur; and

(3) whether there are any reasonable accommodations that will eliminate the direct threat. In evaluating a recent history of overt acts, a provider must take into account whether the individual has received intervening treatment or medication that has eliminated the direct threat (i.e., a significant risk of substantial harm). In such a situation, the provider may request that the individual document how the circumstances have changed so that he no longer poses a direct threat. A provider may also obtain satisfactory assurances that the individual will not pose a direct threat during the tenancy.

"Director" means the administrator and head of the Division of Human Relations or person duly authorized to act as such.

"Major Life Activity" means those activities that are of central importance to daily life, such as seeing, hearing, walking, breathing, performing manual tasks, caring for one's self, learning, and speaking. This list of major life activities is not exhaustive.

"Minor" means a person under the age of eighteen years who has not been court emancipated.

"National Origin" means the native country of an individual or his ancestor(s).

"Office" means any one of the places of business of the Division of Human Relations.

"Party" means the Complainant(s) or Respondent(s).

"Physical or Mental Impairment" includes, but is not limited to, such diseases and conditions as orthopedic, visual, speech and hearing impairments, cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, Human Immunodeficiency Virus infection, mental retardation, emotional illness, drug addiction (other than addiction caused by current, illegal use of a controlled substance) and alcoholism.

"Reasonable Accommodation" means a change, exception, or adjustment to a rule, policy, practice, or service that may be necessary for a person with a disability to have an equal opportunity to use and enjoy a dwelling, including public and common use spaces. Since rules, policies, practices, and services may have a different effect on persons with disabilities than on other persons, treating persons with disabilities exactly the same as others will sometimes deny them an equal opportunity to use and enjoy a dwelling. The Act makes it unlawful to refuse to make reasonable accommodations to rules, policies, practices, or services when such accommodations may be necessary to afford persons with disabilities an equal opportunity to use and enjoy a dwelling. To show that a requested accommodation may be necessary, there must be an identifiable relationship, or nexus, between the requested accommodation and the individual's disability.

"Religion" means a particular system of faith and worship recognized and practiced by a particular church, sect or denomination or other group of people.

"Request for Reasonable Accommodation" means whenever a resident or applicant for housing makes clear to the housing provider that a request is being made for an exception, change, or adjustment to a rule, policy, practice, or service because of a disability. The request should include the type of accommodation that is being requested and, the need for the accommodation if the need for the accommodation is not readily apparent or not known to the provider, and an explanation of the relationship between the requested accommodation and the disability. The request need not be made in a particular manner or at a particular time or use any special words including but not limited to "reasonable accommodation." The request must be made in a manner that a reasonable person would understand to be a request for an exception, change, or adjustment to a rule, policy, practice, or service because of a disability. Housing providers must give appropriate consideration to reasonable accommodation requests even if the requester makes the request orally or does not use the provider's preferred forms or procedures for making such requests.

"Sex" means the basis of being male or female.

"Substantially Limits" means that the limitation is "significant" or "to a large degree."

"Verified" means that the person signing the complaint or answer has sworn or affirmed that the statements of facts in the document are true.

1 Del. Admin. Code § 602-1.0

12 DE Reg. 814 (12/01/08)