An Act to Amend Title 6 of the Delaware Code Relating to Fair Housing and Disparate Impact Liability.

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. \r 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: \r 1. A complainant must show that a housing policy or practice causes or predictably will cause a discriminatory effect on a protected class. \r 2. A respondent may defend the practice by demonstrating that it is necessary to achieve a substantial,…