Bill Commons

DE HB 451

in committee

AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO FAIR HOUSING AND DISPARATE IMPACT LIABILITY.

Delaware · 2025-2026 Regular Session (153rd General Assembly) · lower

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Quick answers

Did DE HB 451 pass?

Not yet. DE HB 451 is in committee and has not come to a final vote. Latest recorded action (2026-06-24): Reported Out of Committee (Housing & Land Use) in Senate with 1 Favorable, 2 On Its Merits, 2 Unfavorable

What is DE HB 451 about?

This Act clarifies that Delaware’s Fair Housing Act (Chapter 46 of Title 6) prohibits housing practices that have a discriminatory effect, commonly known as “disparate impact,” even in the absence of discriminatory intent. The Act codifies a burden-shifting framework consistent with federal fair housing jurisprudence and regulations and with laws adopted in other states, including California and Massachusetts. Under this framework: 1. A complainant must show that a housing policy or practice causes or predictably will cause a discriminatory effect on a protected class. 2. A respondent may defend the practice by demonstrating that it is necessary to achieve a substantial, legitimate, nondiscriminatory interest. 3. A complainant may still prevail by showing that the interest could be served by a less discriminatory alternative. The Act applies to rental policies, sales practices, lending and appraisal practices, occupancy standards, criminal history screening, and zoning or land use decisions to the extent permitted by law. It clarifies that statistical evidence may be used to establish disparate impact and that proof of discriminatory intent is not required. The Act aligns enforcement with existing remedies and procedures under Chapter 46 of Title 6 and preserves the authority of the Division of Human and Civil Rights under Title 31. It does not require quotas, does not invalidate lawful occupancy limits, and does not impose liability where a practice is required by federal law. This Act is intended to be interpreted consistently with, but not limited by, the federal Fair Housing Act and provides equal or greater protection under Delaware law.

Who sponsors DE HB 451?

Marie Pinkney, Claire Snyder-Hall, Spiros Mantzavinos and 3 others are the primary sponsors of DE HB 451, joined by 3 cosponsors.

Description

This Act clarifies that Delaware’s Fair Housing Act (Chapter 46 of Title 6) prohibits housing practices that have a discriminatory effect, commonly known as “disparate impact,” even in the absence of discriminatory intent. The Act codifies a burden-shifting framework consistent with federal fair housing jurisprudence and regulations and with laws adopted in other states, including California and Massachusetts. Under this framework: 1. A complainant must show that a housing policy or practice causes or predictably will cause a discriminatory effect on a protected class. 2. A respondent may defend the practice by demonstrating that it is necessary to achieve a substantial, legitimate, nondiscriminatory interest. 3. A complainant may still prevail by showing that the interest could be served by a less discriminatory alternative. The Act applies to rental policies, sales practices, lending and appraisal practices, occupancy standards, criminal history screening, and zoning or land use decisions to the extent permitted by law. It clarifies that statistical evidence may be used to establish disparate impact and that proof of discriminatory intent is not required. The Act aligns enforcement with existing remedies and procedures under Chapter 46 of Title 6 and preserves the authority of the Division of Human and Civil Rights under Title 31. It does not require quotas, does not invalidate lawful occupancy limits, and does not impose liability where a practice is required by federal law. This Act is intended to be interpreted consistently with, but not limited by, the federal Fair Housing Act and provides equal or greater protection under Delaware law.

Introduced
2026-06-04
Latest action
2026-06-24 — Reported Out of Committee (Housing & Land Use) in Senate with 1 Favorable, 2 On Its Merits, 2 Unfavorable
Bill type
bill
Last updated
—

Sponsors

  • Marie Pinkneyprimary
  • Claire Snyder-Hallprimary
  • Spiros Mantzavinosprimary
  • Josue O Ortegaprimary
  • Kendra Johnsonprimary
  • S. Elizabeth Lockmanprimary
  • Larry Lambertcosponsor
  • Claire Snyder-Hallcosponsor
  • Marie Pinkneycosponsor

Committees

Not provided by source.

Action timeline

Newest first

  1. 2026-06-24

    Reported Out of Committee (Housing & Land Use) in Senate with 1 Favorable, 2 On Its Merits, 2 Unfavorable

    committee-passage,committee-passage-favorable,committee-passage-unfavorable

  2. 2026-06-18

    Assigned to Housing & Land Use Committee in Senate

    introduction,referral-committee

  3. 2026-06-18

    Passed By House. Votes: 26 YES 12 NO 3 ABSENT

    passage

  4. 2026-06-18

    Amendment HA 1 to HB 451 - Passed In House by Voice Vote

    amendment-passage

  5. 2026-06-18

    Amendment HA 1 to HB 451 - Introduced and Placed With Bill

    amendment-introduction

  6. 2026-06-09

    Reported Out of Committee (Housing) in House with 5 Favorable, 2 On Its Merits

    committee-passage,committee-passage-favorable

  7. 2026-06-04

    Introduced and Assigned to Housing Committee in House

    introduction,referral-committee

Versions

Documents

Votes

  • SM

    2026-06-18 · pass · 26-12

    Member-level votes (41)
    • Alonna Berry: yes
    • Stephanie T. Bolden: yes
    • Frank Burns: yes
    • William Bush: yes
    • William J. Carson: yes
    • Nnamdi O. Chukwuocha: yes
    • Richard G. Collins: no
    • Franklin D. Cooke: yes
    • Daniel B. Short: no
    • Timothy D. Dukes: no
    • Mara Gorman: yes
    • Ronald E. Gray: no
    • Krista Griffith: yes
    • Kerri Evelyn Harris: yes
    • Debra Heffernan: yes
    • Kevin S Hensley: other
    • Jeff Hilovsky: no
    • Valerie Jones Giltner: no
    • Kendra Johnson: yes
    • Kimberly Williams: yes
    • Kamela T Smith: yes
    • Larry Lambert: yes
    • Sean M. Lynn: yes
    • Michael F. Smith: no
    • Melissa Minor-Brown: yes
    • Shannon Morris: other
    • Eric Morrison: yes
    • DeShanna U Neal: yes
    • Josue O Ortega: yes
    • Edward S. Osienski: yes
    • Sophie Phillips: yes
    • Charles S Postles Jr.: no
    • Cyndie Romer: yes
    • Melanie Ross Levin: yes
    • Sherae'a Moore: yes
    • Bryan W. Shupe: no
    • Claire Snyder-Hall: yes
    • Jeffrey N. Spiegelman: no
    • Jesse R. Vanderwende: no
    • Madinah Wilson-Anton: other
    • Lyndon D. Yearick: no

Related bills

No related bills recorded for this bill.

Official source

https://legis.delaware.gov/BillDetail?LegislationId=143418

Attribution

Data from openstates_api_sync, retrieved 2026-10-23T06:12:23.999157Z

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