Short answer: Delaware Section 8 rules forbid refusing a renter because of a voucher: 6 Del. C. § 4603 makes “source of income” a protected class, and § 4602 defines it to include rental payments from any government assistance program. Delaware is also unusual in letting you apply to five housing authorities’ Section 8 lists with one application.
The flip side is a time limit many renters do not expect. Most households in the state housing authority’s voucher program in Kent and Sussex counties receive help for at most seven years while completing a self-sufficiency program.
Delaware Section 8 rules: quick reference
| Rule | Delaware | Source |
|---|---|---|
| Refusing a voucher | Unlawful; source of income protected | 6 Del. C. § 4603(b)(1) |
| Income and credit screening | Allowed if commercially reasonable and applied without regard to source of income | 6 Del. C. § 4607(h) |
| Applying | One application, five authorities, via the Delaware Affordable Housing Hub | Delaware Affordable Housing Hub |
| State voucher | SRAP: referral only, 28% of income, 50% of state median income limit | Housing Delaware |
| Nonpayment notice | At least 7 days to pay before the landlord may file | 25 Del. C. § 5502(a) |
What Delaware’s fair housing law says about vouchers
Section 4603(b)(1) bars refusing to rent, refusing to negotiate, or otherwise making a dwelling unavailable because of source of income. The same class appears in the provisions on rental terms, advertising and false claims that a unit is not available. Section 4602(29) defines source of income as “any lawful source of money paid directly, indirectly, or on behalf of a renter,” including “rental payments derived from any government or private assistance, grant, or loan program.” A Housing Choice Voucher fits squarely.
Delaware’s protected list is unusually long. Alongside source of income it covers housing status, defined in § 4602(18) as “current overnight residence regardless of permanence or habitability,” which matters for voucher holders coming out of shelters.
What landlords may still do
Section 4607(h) lets a landlord weigh “the sufficiency or sustainability of income, or the credit rating” of an applicant, as long as those requirements are applied “in a commercially reasonable manner and without regard to source of income.” Section 4607(k) lets a landlord in a government rental assistance program reserve units for tenants who qualify for it. Section 4603(b)(6) confirms landlords can consider any other factor state or federal law allows.
One application, five housing authorities
Delaware’s housing authorities share an application system. The Delaware Affordable Housing Hub describes itself as “Your source for housing assistance through Delaware Housing Authorities,” with a single application for multiple waiting lists. Through the Delaware Housing Access Association, five agencies take part:
- Housing Delaware (the Delaware State Housing Authority)
- Dover Housing Authority
- New Castle County Housing Authority
- Newark Housing Authority
- Wilmington Housing Authority
When we checked, all five listed their Section 8 rental assistance lists as “Open,” with a caution that agencies “may open and close their application periods at different times.” If a list is open, apply now rather than later.
The state authority’s voucher: Kent and Sussex, with a clock
According to Housing Delaware’s voucher page, its Housing Choice Voucher program is “offered in Kent and Sussex Counties.” Participants “pay 30–35% of their income for rent and utilities,” and “working families, the elderly (62 or over), and people with disabilities receive preference.” Most participants “receive subsidies for a maximum of seven years” while completing a self-sufficiency program.
SRAP, Delaware’s own voucher
The State Rental Assistance Program is “made possible by annual funding from the Delaware General Assembly.” You cannot apply directly: “Applications must be referred to DSHA by DHSS or DSCYF.” Households must have income at or below 50% of state median income, and they “contribute 28% of their monthly income for rent.” If you work with a state health, social services or children’s services caseworker, ask whether a referral fits your situation.
Federal rules, short version
For vouchers from the other four authorities, the federal default share in 24 CFR 5.628 applies, generally 30% of adjusted income. Every agency must inspect a unit before the lease starts and at least every two years (24 CFR 982.405), and review income at least yearly (24 CFR 982.516). A voucher must allow at least 60 days to search, longer when needed as a disability accommodation (24 CFR 982.303).
Eviction: Delaware’s seven-day demand and the voucher rule
Under 25 Del. C. § 5502(a), once rent is past the point when late fees may be imposed, a landlord may demand payment in writing and must give a deadline “not less than 7 days after the date notice was given or sent” before filing to end the rental agreement. Only if you stay in default can the landlord bring a summary possession action.
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Federal 24 CFR 982.310 sits on top of that. An owner may end a voucher tenancy only for serious or repeated lease violations, violations of law or other good cause, and “may only evict the tenant from the unit by instituting a court action.” A housing authority missing its payment is not a ground.
Worked example: Keisha in Sussex County
Keisha applies through the Affordable Housing Hub in 2026 and checks every authority, including Housing Delaware and Dover. Housing Delaware issues her a voucher in Georgetown. With income of $1,600 a month, her share at 30% to 35% would fall between $480 and $560.
Because most Housing Delaware participants are limited to seven years, she treats the voucher as a bridge. If her assistance starts on February 1, 2027, she plans her self-sufficiency goals around early 2034.
In 2028 she falls behind on her share. After the late-fee date passes, her landlord serves a written demand on Monday, January 10. Under § 5502(a), the deadline must be at least seven days later, so the landlord cannot file before Monday, January 17. Paying by then avoids a court case, and any case filed must rest on a 982.310 ground.
Applying and what to gather
- Create one account on the Delaware Affordable Housing Hub and select every open list you would accept.
- Collect what HUD says agencies typically request: pay stubs, bank information, SSI or SNAP paperwork, Social Security cards and proof of citizenship or eligible immigration status.
- Ask a DHSS or DSCYF caseworker about an SRAP referral if you receive services from either agency.
- Estimate your share with our Section 8 rent calculator, and see how Section 8 works for the briefing and lease-up steps.
Other agencies serving Delaware appear in HUD’s PHA directory.
Frequently Asked Questions
Can a Delaware landlord require income of three times the rent from a voucher holder?
Section 4607(h) allows income-sufficiency rules only if they are commercially reasonable and applied without regard to source of income. A test that ignores how much of the rent the voucher pays may be challenged on that basis.
Can a building take only voucher holders?
Yes, in a sense. Section 4607(k) lets a landlord in a government rental assistance program reserve units for qualifying tenants.
Why is my Housing Delaware voucher time-limited?
Housing Delaware says most of its Kent and Sussex participants receive subsidies for a maximum of seven years while completing a self-sufficiency program. Ask your caseworker whether an exception, such as for elderly or disabled households, applies to you.
Can I apply to SRAP online?
No. Housing Delaware accepts SRAP applications only by referral from DHSS or DSCYF.
How long does a Delaware landlord have to wait before filing for unpaid rent?
The written demand under § 5502(a) must give at least seven days to pay. The federal good-cause rule and a court order still apply to voucher leases.
This guide is general information, not legal advice; Delaware legal aid is listed on LSC’s get legal help page. Next, read our Delaware eviction process and Delaware security deposit law guides, or compare other states on the Section 8 rules by state hub.