Delaware Section 8, Records & Right to Counsel
Delaware rules on section 8, records & right to counsel for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: Yes. Statewide ban on refusing to rent, or renting on different terms, because of source of income, defined to include any lawful income and rental payments from any government or private assistance program (covers housing vouchers). 6 Del. C. §§ 4602(29), 4603(b), 4607(h), (j); 25 Del. C. § 5116
The rules in Delaware
| Statewide ban on refusing Section 8 / source of income | Yes. Statewide ban on refusing to rent, or renting on different terms, because of source of income, defined to include any lawful income and rental payments from any government or private assistance program (covers housing vouchers). Landlords may still apply income-sufficiency and credit criteria in a commercially reasonable way without regard to source. A landlord may deny an application if a public housing authority fails to follow the standardized voucher tenancy-approval sequence. § 5116 (Title 25) at https://delcode.delaware.gov/title25/c051/sc01/index.html. Owner-occupied buildings of 4 or fewer units are largely exempt from § 4603 (§ 4607(e)); § 4607 has versions effective until and after Dec. 31, 2028. Re-verified 2026-10-27. |
|---|---|
| Eviction record sealing | By motion (no filing fee). The court must shield the record if: the case was dismissed, withdrawn, or decided for the tenant; it was resolved by stipulation and the tenant complied; both parties agree; shielding is clearly in the interests of justice; or 5+ years have passed since a judgment that has been satisfied, with no similar judgments in the past 5 years. The judgment is set aside, the case is treated as never filed, and records are removed from public court systems. Not automatic. Effective date of 85 Del. Re-verified 2026-10-27. |
| Right to a lawyer in eviction | Yes, being phased in. Tenants with household income at or below 200% of the federal poverty guidelines have a right to legal representation in eviction and subsidy-termination proceedings, available as soon as practicable after a rent (§ 5502), breach (§ 5513) or good-cause termination notice or the filing of a case. Excluded: tenants whose landlord owns 3 or fewer units and is not represented by an attorney or authorized agent. Landlords must give tenants Coordinator-approved information about the right at lease signing, first renewal, and with those notices. Full implementation by June 30, 2028, subject to funding; no cause of action if counsel is unavailable. Disclosure duties apply from Nov. 22, 2023 (§ 5606). Re-verified 2026-10-27. Source: 25 Del. C. §§ 5601-5607 |
Related questions
- Can a landlord refuse Section 8?
- Can an eviction be removed from your record?
- Do tenants get a free lawyer for an eviction?
Delaware vs. neighboring states
| State | Statewide ban on refusing Section 8 / source of income | Eviction record sealing | Right to a lawyer in eviction |
|---|---|---|---|
| Delaware | Yes. Statewide ban on refusing to rent, or renting on different terms, because of source of income, defined to include any lawful income and rental payments from any government or private assistance program (covers housing vouchers). Landlords may still apply income-sufficiency and credit criteria in a commercially reasonable way without regard to source. A landlord may deny an application if a public housing authority fails to follow the standardized voucher tenancy-approval sequence. 6 Del. C. §§ 4602(29), 4603(b), 4607(h), (j); 25 Del. C. § 5116 | By motion (no filing fee). The court must shield the record if: the case was dismissed, withdrawn, or decided for the tenant; it was resolved by stipulation and the tenant complied; both parties agree; shielding is clearly in the interests of justice; or 5+ years have passed since a judgment that has been satisfied, with no similar judgments in the past 5 years. The judgment is set aside, the case is treated as never filed, and records are removed from public court systems. 25 Del. C. § 5720 (85 Del. Laws c. 106) | Yes, being phased in. Tenants with household income at or below 200% of the federal poverty guidelines have a right to legal representation in eviction and subsidy-termination proceedings, available as soon as practicable after a rent (§ 5502), breach (§ 5513) or good-cause termination notice or the filing of a case. Excluded: tenants whose landlord owns 3 or fewer units and is not represented by an attorney or authorized agent. Landlords must give tenants Coordinator-approved information about the right at lease signing, first renewal, and with those notices. Full implementation by June 30, 2028, subject to funding; no cause of action if counsel is unavailable. 25 Del. C. §§ 5601-5607 |
| Maryland | Yes (HOME Act). It is illegal to refuse to rent to someone, or discriminate in rental terms, because of source of income. 'Source of income' means any lawful source of money paid to or for a renter, including any government or private rental assistance and Housing Choice (Section 8) vouchers. Md. Code, State Gov't §§ 20-705, 20-701(j) | Yes (shielding). Failure-to-pay-rent cases that do not end in a judgment for possession are shielded automatically by the District Court within 60 days after final resolution. If there was a judgment for possession, the tenant may ask the court to shield the records. The court may do so if the tenant redeemed (paid in full) and at least 12 months have passed, or for good cause. Shielded records may be opened only at the tenant's written request or by court order for good cause. Separately, § 8-502 allows petitions to shield COVID-era nonpayment cases filed Mar. 5, 2020 to Dec. 31, 2021. Md. Code, Real Prop. §§ 8-503, 8-502 (SB 19 / HB 181 of 2024) | Yes, a statewide access-to-counsel program. 'Covered individuals' have access to legal representation in eviction matters through the Access to Counsel in Evictions Program, run by the Maryland Legal Services Corporation. A covered individual is a non-owner occupant, including a public-housing tenant, whose household income is no more than 50% of the state median income, adjusted for household size. Md. Code, Real Prop. §§ 8-901 to 8-903 (Access to Counsel in Evictions, 2021) |
| New Jersey | Yes, statewide. The Law Against Discrimination bars refusing to rent because of the source of any lawful income or rent payment, including Section 8 and other federal, state or local vouchers and rental assistance, nonprofit rental assistance, disability and veterans' benefits, and court-ordered payments such as child support or alimony. Listings may not exclude these sources. Under amendments signed January 12, 2026 (effective immediately), a landlord may not refuse a lawful source of payment, and any minimum-income requirement or financial standard must be based only on the portion of the rent the tenant will pay. N.J.S.A. 10:5-5(yy), 10:5-12(g)(4) (Law Against Discrimination), as amended by P.L.2025, c.251 (approved Jan. 12, 2026) | Only for COVID-era nonpayment cases. Court records of landlord-tenant actions for nonpayment or habitual late payment of rent arising during the COVID-19 public health emergency (Executive Order 103 of 2020, as extended) plus 60 days are confidential and not available to the public. Landlords may not consider those records in tenant screening, and screening companies may not knowingly provide them. No general statute for sealing other eviction records was found. N.J.S.A. 2A:42-144 to 2A:42-148 (P.L.2021, c.189) | No statewide statutory right to counsel in eviction cases found. N.J.S.A. 2A:18, 2A:42 (section lists reviewed; no counsel provision) |
| Pennsylvania | No statewide protection. The Pennsylvania Human Relations Act covers race, color, familial status, age, religious creed, ancestry, sex, national origin, handicap/disability and guide/support animal use, but not source of income or voucher use. 43 P.S. 955(h) (PHRA s. 5(h)) | No statewide sealing law yet. HB 1095 (limited access to eviction information, amending Title 42) passed the House 105-98 on June 23, 2025 and was reported as amended by Senate Judiciary on Oct. 19, 2026 and re-referred to Senate Appropriations on Oct. 20, 2026, which re-reported it as committed the same day (21-1). It still needs Senate final passage, House concurrence in the Senate amendments and the Governor's signature - not enacted as of Oct. 23, 2026. 2025-2026 HB 1095 (pending) | No statewide right to counsel in eviction cases. 68 P.S. 250.501-250.513 |
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Compare section 8, records & right to counsel in all 50 states and DC →
Delaware Section 8, Records & Right to Counsel FAQ
Is it illegal for a landlord to refuse Section 8 vouchers in Delaware?
Yes. Statewide ban on refusing to rent, or renting on different terms, because of source of income, defined to include any lawful income and rental payments from any government or private assistance program (covers housing vouchers). Landlords may still apply income-sufficiency and credit criteria in a commercially reasonable way without regard to source. A landlord may deny an application if a public housing authority fails to follow the standardized voucher tenancy-approval sequence. (6 Del. C. §§ 4602(29), 4603(b), 4607(h), (j); 25 Del. C. § 5116)
Can an eviction record be sealed or removed in Delaware?
By motion (no filing fee). The court must shield the record if: the case was dismissed, withdrawn, or decided for the tenant; it was resolved by stipulation and the tenant complied; both parties agree; shielding is clearly in the interests of justice; or 5+ years have passed since a judgment that has been satisfied, with no similar judgments in the past 5 years. The judgment is set aside, the case is treated as never filed, and records are removed from public court systems. (25 Del. C. § 5720 (85 Del. Laws c. 106))
Do tenants have a right to a free lawyer in eviction cases in Delaware?
Yes, being phased in. Tenants with household income at or below 200% of the federal poverty guidelines have a right to legal representation in eviction and subsidy-termination proceedings, available as soon as practicable after a rent (§ 5502), breach (§ 5513) or good-cause termination notice or the filing of a case. Excluded: tenants whose landlord owns 3 or fewer units and is not represented by an attorney or authorized agent. Landlords must give tenants Coordinator-approved information about the right at lease signing, first renewal, and with those notices. Full implementation by June 30, 2028, subject to funding; no cause of action if counsel is unavailable. (25 Del. C. §§ 5601-5607)
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.