Delaware · DE
Yes. Delaware has no ESA statute; your request rests on the accommodation duty in the state Fair Housing Act (6 Del. C. § 4603A(a)(2)). No waiting period applies. A landlord may take a refundable pet deposit of up to one month's rent unless waived, never a non-refundable fee (25 Del. C. §§ 5514(i), 5311). If a clinician licensed in Delaware finds you qualify, the signed PDF usually arrives within 24 to 48 hours. The price is $99.
ceiling on a pet deposit, which sits on top of the security deposit and is refundable like it
25 Del. C. § 5514(i)(1)–(3)for the landlord to return a deposit or send an itemised damage list; a late refund can cost double
25 Del. C. § 5514(e)–(g)in a building where the owner lives: the only small-landlord exemption from the accommodation duty
6 Del. C. § 4607(e)to file with the Division of Human and Civil Rights, counted from the act or from when you found out
6 Del. C. § 4610(a)(1)Delaware, with the capital marked
Delaware at a glance
Each answer is one line, with the section of Delaware law it comes from. The detail is further down the page.
No. No statute here defines an emotional support animal or says what an ESA letter must contain. A housing request is a disability accommodation under the state Fair Housing Act (6 Del. C. § 4603A(a)(2)). That clause bars refusing reasonable changes to rules, policies, practices or services you may need to use and enjoy a home. The landlord-tenant code does use the term "support animal", but only for one "individually trained to do work or perform tasks" (25 Del. C. § 5141(38)). An untrained ESA falls outside that definition and relies on the accommodation clause alone. No statute sets breed, size or weight limits for one either.
6 Del. C. § 4603A(a)(2); 25 Del. C. § 5141(38)Yes, unless it agrees to waive it. A landlord may require a pet deposit of up to one month's rent, and the only exemption is for a trained support animal (25 Del. C. § 5514(i)(2)–(3); § 5141(38)). An untrained ESA does not meet that test. So put a waiver request into your accommodation letter; nothing in state law promises one. A one-off pet fee is another matter: no tenant may be charged a non-refundable fee as a condition of occupancy (25 Del. C. § 5311).
25 Del. C. §§ 5514(i), 5311No. No rule in the state sets a relationship length, a waiting period, a session count or an expiry date for an ESA letter. The telehealth chapter says a provider-patient relationship "may be established either in-person or through telehealth" (24 Del. C. § 6003(a)). That visit must include an identity and location check, informed consent and a diagnosis by accepted methods (24 Del. C. § 6003(a)). It also requires "A written visit summary provided to the patient" (24 Del. C. § 6003(a)(7)). Any site telling you to wait 30 days for a second call is borrowing a rule from elsewhere.
24 Del. C. § 6003(a)Care counts as delivered where the patient sits, so the clinician needs authority to practise here (24 Del. C. § 6001). That means a Delaware licence held by a clinical social worker, professional counsellor of mental health, marriage and family therapist, psychologist, physician or APRN. A psychologist may also practise under PSYPACT with a current E.Passport (24 Del. C. ch. 35A). An out-of-state telehealth registration exists, but it is closed to anyone licensed in a state that shares a licensing compact with Delaware (24 Del. C. § 6002(c)). A licence from a neighbouring state is not enough on its own.
24 Del. C. §§ 6001, 6002(c); 24 Del. C. ch. 35AUsually, yes. The one small-landlord exemption covers a building with living quarters for no more than four families, where the owner lives in one of them (6 Del. C. § 4607(e)). Federal law also exempts an owner renting out up to three single-family houses (42 U.S.C. § 3603(b)(1)), but the state chapter has no such carve-out. So a house rented by its individual owner is covered here even where federal law would leave it out.
6 Del. C. § 4607(e)No. It is discrimination to ask whether an applicant has a disability, or "to make inquiry as to the nature or severity of a disability" (6 Del. C. § 4603A(a)(4)). Four narrow questions survive, and only if put to every applicant, such as whether you can meet the tenancy's terms. The Division's own guidance says a request may be backed by a health professional who confirms the disability and explains the "nexus" to the request. Your letter therefore states the disability and the need, never the diagnosis.
6 Del. C. § 4603A(a)(4); Division guidance, 25 Aug 2026File with the Delaware Division of Human and Civil Rights within one year (6 Del. C. § 4610(a)(1)). The year runs from the act, or from when you discovered it or should have. Filing is free, a lawyer is optional, and the toll-free line is (877) 544-8626. You can also sue in Superior Court within two years, with or without a Division complaint (6 Del. C. § 4613(a)(1)–(2)). That clock pauses while a Division case is open. Actual and punitive damages are available in that court (6 Del. C. § 4613(c)(1)).
6 Del. C. §§ 4610(a)(1), 4613Delaware law
No statute in this state is written for emotional support animals. The Fair Housing Act itself has no animal provision (6 Del. C. ch. 46). Your request rests on its general accommodation clause instead. Refusing reasonable accommodations in rules, policies, practices or services counts as disability discrimination (6 Del. C. § 4603A(a)(2)). The test is whether the change may be necessary for equal use and enjoyment of a dwelling. That clause sets no training test. Your landlord must consider a request to keep your ESA despite a no-pets rule. A refusal needs a lawful ground, such as a direct threat to others' health or safety or substantial damage to their property (6 Del. C. § 4603A(f)). Questions about the nature or severity of your disability are off limits (6 Del. C. § 4603A(a)(4)). The only small-landlord exemption is an owner-occupied building for four or fewer families (6 Del. C. § 4607(e)). Single rented houses are covered. The landlord-tenant code's one animal rule, a deposit exemption, helps trained animals only (25 Del. C. § 5514(i)(3)). Complaints go to the Division of Human and Civil Rights within one year of the act or its discovery (6 Del. C. § 4610(a)(1)). Superior Court takes suits within two years (6 Del. C. § 4613(a)(1)).
Source: 6 Del. C. § 4603A(a)(2) (Delaware Fair Housing Act, 6 Del. C. ch. 46; unchanged since enactment). This is general information, not legal advice.
The federal Fair Housing Act still recognises the accommodation, and you can still enforce it in court. Since May 2026, HUD itself has stopped pursuing complaints about untrained emotional support animals, so in practice your protection comes from Delaware law and the Delaware Division of Human and Civil Rights.
“a landlord shall not charge to a tenant any nonrefundable fee as a condition for occupancy of the rental unit”
Federal vs Delaware
| Topic | Federal (Fair Housing Act) | Delaware |
|---|---|---|
| Fees and deposits | Nothing about fees appears in 42 U.S.C. § 3604(f)(3)(B) or 24 C.F.R. § 100.204. HUD withdrew its no-fee guidance with effect from 17 September 2025, so any waiver is a request. | A refundable pet deposit of up to one month's rent is lawful; the exemption reaches only a trained support animal (25 Del. C. § 5514(i)(2)–(3); § 5141(38)). Ask for an ESA waiver as an accommodation. Non-refundable fees as a condition of occupancy are barred for every tenant (25 Del. C. § 5311). |
| Documentation | The change must be necessary because of a disability (42 U.S.C. § 3604(f)(3)(B)). No statute fixes a letter format. | No documentation statute. Division guidance expects support from a health professional showing the disability and its nexus to the request, unless the disability is apparent. Landlords may not probe its nature or severity (6 Del. C. § 4603A(a)(4)). |
| Timing | No federal waiting period for the evaluation and no federal deadline for the landlord's reply. | No waiting period, 30-day rule or session count; one live telehealth visit that meets 24 Del. C. § 6003(a) can begin the relationship. No statute sets a reply deadline, but Division guidance warns that unreasonable delay without an interactive process may be illegal. |
| Who may write | Federal law names no profession and sets no licence rule. | No ESA-writer statute. Telehealth into the state needs a Delaware licence, or PSYPACT authority for psychologists. The out-of-state registration is closed to clinicians licensed in states that share a compact with Delaware (24 Del. C. §§ 6002(c), 6005(b)). |
| Exemptions | An owner-occupied building of up to four units, and single-family homes rented by an owner of no more than three (42 U.S.C. § 3603(b)). | Only the owner-occupied building for four or fewer families. A single rented house is covered (6 Del. C. § 4607(e)). |
| Where to file | HUD, which since May 2026 finds cause only where the animal is trained, or a federal court. | The Division of Human and Civil Rights, a HUD partner agency, or Superior Court with or without a Division complaint (6 Del. C. §§ 4610, 4613(a)(2)). |
| Deadline | One year to complain to HUD (42 U.S.C. § 3610); two years to sue (42 U.S.C. § 3613(a)(1)(A)). | One year from the act or its discovery to the Division (6 Del. C. § 4610(a)(1)). Two years to Superior Court, also with a discovery rule, paused while a Division case runs (6 Del. C. § 4613(a)(1)). |
Swipe sideways to see the whole table.
Your timeline in Delaware
One live visit can lawfully begin the clinical relationship here, so no calendar gap sits between screening and letter (24 Del. C. § 6003(a)). Screening costs nothing and takes no card details. Payment happens at checkout, ahead of the consultation, and a clinician may still find that you do not qualify.
Start with the free screening; no card is asked for. You describe your home, your animal and how it helps you. We also confirm you will be in the state for the call, because the clinician must verify your location and identity (24 Del. C. § 6003(a)(1)).
After checkout, a live consultation with a clinician licensed in Delaware. It runs by video, with phone as the fallback if you lack the broadband or equipment for video (24 Del. C. § 6001). The clinician shares their credentials, takes your consent and assesses you with accepted methods such as a history and a mental status examination (24 Del. C. § 6003(a)). The question is whether you have a disability and a disability-related need for the animal. Some people do not qualify.
If you qualify, the signed PDF usually arrives within 24 to 48 hours of the consultation. It shows the clinician's licence type and number and the evaluation date. It states a disability and a disability-related need for your animal without naming a diagnosis, which fits the inquiry ban in 6 Del. C. § 4603A(a)(4). If you do not qualify, ask for a full refund within 7 days.
Housing
Under the federal Fair Housing Act (42 U.S.C. § 3604(f)(3)(B)) and Delaware's own fair-housing law, a housing provider must consider a reasonable-accommodation request for an assistance animal, including where pets are prohibited. Each line below carries the section it comes from.
What they may do
What they may not do
Illustrative exchange
Most refusals are not a flat no. They are a question the housing provider is not allowed to ask, or a fee they are not allowed to charge. Here is the shape of a typical exchange in Delaware, with the rule beside each reply.
A made-up exchange to show the rules, not a real tenant or landlord.
Pet fees and deposits
No Delaware law bars a pet deposit for an untrained emotional support animal; the statute says plainly that "A landlord may require a pet deposit" (25 Del. C. § 5514(i)(1)). Its only exemption is for a "duly certified and trained support animal" (25 Del. C. § 5514(i)(3)). "Support animal" there means one "individually trained to do work or perform tasks" (25 Del. C. § 5141(38)), and the state runs no certification scheme for ESAs. So ask for the deposit to be waived as part of your accommodation request (6 Del. C. § 4603A(a)(2)). No statute, ruling or Division guidance says a landlord must grant that waiver, and HUD withdrew its no-fee guidance effective 17 September 2025. If a pet deposit is taken, it may not exceed one month's rent, whatever the lease length (25 Del. C. § 5514(i)(2)). It is additional to the security deposit and held in escrow (25 Del. C. § 5514(b), (i)(1), (i)(3)). It must come back, or be itemised, within 20 days after the lease ends, and money wrongly kept can cost the landlord double (25 Del. C. § 5514(e)–(g)). Separately, every tenant is protected by § 5311: no landlord may charge "any nonrefundable fee as a condition for occupancy" (25 Del. C. § 5311). That rules out a one-off pet fee or an ESA processing fee. Optional fees for real services, such as a pool, are the stated exception. No statute addresses monthly pet rent, and whether § 5311 reaches it is untested (25 Del. C. § 5501(a)). The general security-deposit cap is one month's rent for a lease of a year or more (25 Del. C. § 5514(a)(2)). The same cap reaches a month-to-month tenancy once it has lasted a year (25 Del. C. § 5514(a)(3)). Shorter agreements have no cap, and furnished units are exempt (25 Del. C. § 5514(a)).
Small landlords
The state exemption is narrower than the federal one. The accommodation duty skips one kind of building: living quarters for no more than four families living independently (6 Del. C. § 4607(e)). Even then, the owner must actually live in one of those units. That is the chapter's only disability exemption. No carve-out exists for an owner renting out up to three single-family houses, the second federal exemption (42 U.S.C. § 3603(b)(1)). A single house, a condo or a duplex whose owner lives elsewhere is therefore covered. Religious organisations and private clubs have narrow exemptions unrelated to disability (6 Del. C. § 4607(a)–(b)). The Division's Fair Housing Information Center adds that the advertising ban still reaches otherwise exempt owner-occupied and single-family housing. A landlord who cites a three-house exemption is quoting federal law (42 U.S.C. § 3603(b)(1)), which this state did not copy.
If your landlord says no
Phone: (877) 544-8626 · File a complaint
Deadline: File within one year of the act, or of the day you discovered it or reasonably should have (6 Del. C. § 4610(a)(1)). The complaint must be in writing and verified under oath or affirmation (6 Del. C. § 4610(a)(1), (d)). The Division's complaint page links an online housing form, and its FAQ says filing costs nothing. County lines: New Castle (302) 577-5050, Kent (302) 739-4567, Sussex (302) 856-5331. An investigator is assigned, and the Division aims to decide reasonable cause within 100 days (6 Del. C. § 4610(f)(1)).
Court: You can sue in Superior Court within two years of the act or its discovery, whether or not you filed with the Division (6 Del. C. § 4613(a)(1)–(2)). Time while a Division case is pending does not count (6 Del. C. § 4613(a)(1)). The court may award actual and punitive damages and, at its discretion, attorney fees and costs (6 Del. C. § 4613(c)). The court route closes once you consent to a conciliation agreement, except to enforce it, or once a Commission hearing on your charge begins (6 Del. C. § 4613(a)(2)–(3)). Once a charge is issued, any party may elect a civil action instead of a Commission hearing (6 Del. C. § 4612(a)). A federal suit stays open for two years (42 U.S.C. § 3613(a)(1)(A)).
Retaliation: Say you pursue a legal right arising from your tenancy. An eviction attempt, a rent rise or a cut in services within the next 90 days is then presumed retaliatory (25 Del. C. § 5516(b)(4), (c)). You may recover three months' rent or treble damages, whichever is greater (25 Del. C. § 5516(e)). Interference with fair-housing rights is separately unlawful (6 Del. C. § 4618).
The Division is a HUD Fair Housing Assistance Program agency, though HUD's list still shows it under its old name, the Division of Human Relations. No city or county in the state has its own agency on that list, so there is no second local layer. The Division has published nothing on untrained animals either way, so no outcome is promised. Where a landlord refuses to rent to you because of a disability, 25 Del. C. § 5116(c) also allows damages, including substitute-housing costs. Whether it covers a refused accommodation is untested.
Your envelope, item by item
Keep a dated copy of everything you send.
What to send your landlord
Ask in writing for an exception to the no-pets rule as a disability accommodation (6 Del. C. § 4603A(a)(2)). Name the animal and its species. In the same letter, ask the landlord to waive any pet deposit, and note that a non-refundable pet fee is barred for every tenant (25 Del. C. § 5311). The Division recommends written requests. Date yours and keep a copy.
Signed by a clinician licensed in Delaware, with the licence type and number and the date and mode of your live evaluation. It confirms a disability and a disability-related need for this animal, which matches the Division's "nexus" guidance. No statute dictates its wording or sets a validity period. A landlord can check the licence on the state's DELPROS look-up.
Medical records, the name of your condition, and any online registry card or vest. Landlords may not ask about the nature or severity of a disability (6 Del. C. § 4603A(a)(4)), so send only what supports the request. Never describe an ESA as a service animal; public-access rights belong to individually trained dogs (6 Del. C. § 4502(28)).
No statute gives the landlord a deadline to answer, so ask for a written reply by a named date. Division guidance warns that unreasonably delaying or denying a request without an interactive process may be illegal. A refusal, long silence or a non-refundable fee starts your one-year clock at the Division (6 Del. C. § 4610(a)(1)). Save any written refusal: the 30-day refund for a letter a landlord turns down requires it.
If your housing provider questions the letter, your clinician responds directly at no extra cost.
Delaware renters by city
The rules do not change between these eight places, because the right comes from state law (6 Del. C. § 4603A(a)(2)). One statewide agency, the Division of Human and Civil Rights, enforces it. Renters in Wilmington, Newark, New Castle and Middletown can use the Division's New Castle County line, (302) 577-5050; its office is on North French Street in Wilmington. In Dover and Smyrna, the Kent County office on Silver Lake Boulevard answers on (302) 739-4567. Georgetown, Rehoboth Beach and the other Sussex towns are served from the Thurman Adams Jr. State Service Center in Georgetown, on (302) 856-5331. The toll-free number, (877) 544-8626, works from anywhere, and the one-year deadline is the same in every county (6 Del. C. § 4610(a)(1)). No local fair-housing agency appears on HUD's partner list, so there is no city layer to learn. A clinician licensed in Delaware consults by video, so the steps match from a Wilmington rowhouse to a beach rental. You get a free screening and one live consultation. If you qualify, a signed PDF usually arrives within 24 to 48 hours. Students in campus housing at the University of Delaware or Delaware State University send the same request through the school's disability office. One clarification: this page covers the State of Delaware, not Delaware County in Pennsylvania or Ohio.
Myths in Delaware
SB 219 made it law: ESAs are protected by statute, deposits for them are banned, and faking one costs 500 dollars.
FactSB 219 was introduced on 29 February 2024, assigned to a Senate committee on that date and never acted on. It died when that General Assembly ended, and no successor was filed in 2025 or 2026. The fair-housing chapter still has no animal provision and ends at § 4620, so the proposed misrepresentation section does not exist (6 Del. C. ch. 46). The state has no ESA or service-animal misrepresentation penalty today.
Delaware landlords can never charge a pet deposit or pet fee for an emotional support animal.
FactHalf wrong. A refundable pet deposit of up to one month's rent is lawful for an untrained ESA unless the landlord waives it as an accommodation (25 Del. C. § 5514(i)). The exemption covers only trained support animals (25 Del. C. § 5141(38)). The half that holds concerns fees. No tenant may be charged a non-refundable fee as a condition of occupancy, so a one-off pet fee is unlawful for everyone (25 Del. C. § 5311).
An online registration or certificate makes your ESA "duly certified", and the letter must be renewed every 12 months.
FactNeither is true. The state keeps no ESA registry and offers no certification, and the deposit wording concerns trained support animals, not paperwork (25 Del. C. § 5514(i)(3); § 5141(38)). A website badge gives a landlord nothing to rely on. No statute sets a validity or renewal period for an ESA letter either. Asking your clinician to refresh the letter when a lease renews is a choice, not a requirement.
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The reasonable-accommodation letter you give your landlord, after a live clinical evaluation.
Both letters from one course of care, including the consultations for each.
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Signed PDF within 24 to 48 hours of your consultation. Same-day evaluations are often available for early bookings. Read the guarantee and refund terms.
Why this letter holds up
Read the exact terms. Money-back guarantee: full refund if you do not qualify, and a full refund if your housing provider refuses the letter.
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Delaware FAQ
No. An emotional support animal is an animal, not a condition. What matters is whether you, the person, have a disability. The fair-housing chapter borrows its definition of disability from 6 Del. C. § 4502(20). A diagnosis label alone does not settle the question. A clinician licensed in Delaware has to find an actual disability and a disability-related need for this particular animal, and some people do not qualify.
Two findings from a live evaluation: a disability under 6 Del. C. § 4502(20), and a need for the animal linked to it. The evaluator must hold a Delaware licence or, for psychologists, PSYPACT authority (24 Del. C. ch. 35A). A form on its own is not an evaluation, because the telehealth chapter requires a real provider-patient relationship first (24 Del. C. § 6003(a)). The evaluation costs $99, paid at checkout before the consultation.
Not for a trained service dog. Places of public accommodation must admit service animals under the Equal Accommodations Law (6 Del. C. § 4504(a)(3)). A service animal there is a dog "individually trained to do work or perform tasks" (6 Del. C. § 4502(28)). An emotional support animal is outside that definition, so a hotel can lawfully say no to one. A psychiatric service dog letter does not create access either; the dog's training does.
For a renter, the more useful question is what the law recognises. The state has no offence for misrepresenting a service animal or an ESA; SB 219 would have created one and died in 2024. Public access belongs only to a dog individually trained for tasks (6 Del. C. § 4502(28)). A vest, an ID card or an online registration proves nothing. Calling an ESA a service dog has no legal footing, so describe your animal honestly.
Many do, and they may. Division guidance lets a landlord expect documentation from a health professional who can confirm the disability and the nexus, unless the disability is apparent. A landlord can check the clinician's licence on the DELPROS look-up and confirm the evaluation date. What it may not do is probe the nature or severity of your disability (6 Del. C. § 4603A(a)(4)). Verification support for your landlord is complimentary.
There is no ESA statute. Housing requests rest on the accommodation clause of the Fair Housing Act (6 Del. C. § 4603A(a)(2)). That chapter also bans diagnosis questions (6 Del. C. § 4603A(a)(4)) and has one narrow small-landlord exemption (6 Del. C. § 4607(e)). The landlord-tenant code allows a refundable pet deposit but bans non-refundable fees (25 Del. C. §§ 5514(i), 5311). Public access is for trained dogs only (6 Del. C. § 4502(28)).
$99 for a housing letter, $149 together with a psychiatric service dog letter, or $79 for a PSD letter and consultation on its own. The consultation and landlord verification support are included, and the price is the same across every state.
Nearby states and resources
Sources
General information, not legal advice. Last reviewed 2026-11-07 by Darren Rafel, LCSW. Statutes change; we re-check each state page and record the date above.
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