Can a landlord refuse a Section 8 voucher in Delaware?
Often, yes. In Delaware, a person may not refuse to rent a dwelling, or set different terms, because of source of income, which includes rental payments from a government or private assistance program, but the same section also says a landlord is not required to take part in any government rental assistance or voucher program and that not taking part cannot be the basis of a complaint. A landlord may also weigh the sufficiency of income and credit, as long as the standard is applied in a commercially reasonable way and without regard to source of income. Federal law leaves the voucher program voluntary for most landlords, but a property financed with Low-Income Housing Tax Credits may not refuse a tenant because they hold a voucher. This is 6 Del. C. §§ 4602, 4603.
| What | Delaware |
|---|---|
| Renting to a voucher holder | Source of income protected, but voucher participation optional |
| What the state law does | Protects public assistance, with a gap for vouchers |
Source
Read the statute in the Delaware Code (Delaware General Assembly): delcode.delaware.gov.
Checked against the statute on October 23, 2026.
This is a summary of a published statute, not legal advice. Rules change, local ordinances can add to them, and the terms of a specific lease may differ. Check the citation and speak to a lawyer before acting.
How Seayora uses this rule
This page states whether the state protects renters who pay with a housing voucher, so a listing and its screening rules can be checked against it before they are published. Seayora’s rental search assistant never filters homes by how a renter will pay the rent.
Guides on this rule
- Renting to Section 8 Tenants: A Landlord’s Guide to Vouchers — How the Housing Choice Voucher program works for landlords: the HAP contract, inspections and the 2027 NSPIRE change, rent reasonableness, and who pays what.
- Tenant Screening: What Landlords Need to Know — How to screen rental applicants fairly and legally: credit and background checks, consistent criteria, the FCRA’s adverse action notice and fair housing.
- The Fair Housing Act: A Landlord’s Plain-English Guide — The seven protected classes, what the Fair Housing Act prohibits, the small-landlord exemptions, advertising rules, deadlines and penalties, with citations.
Compare this rule in every state
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