1 Del. Admin. Code § 602 § 15.0
Regulations related to Housing for Older Persons.
Operative Text
15.1 Housing for persons age 62 or older. 15.1.1 Housing that is designated for persons age 62 or older must be solely occupied by persons age 62 or older. 15.1.2 No person under age 62 may move into a unit designated for persons age 62 or older even if it is also occupied by a person who is qualified by age. For example, if a person age 65 who lives in a unit designated for persons age 62 or older marries a person age 60, the person age 60 does not qualify to live in the unit. 15.1.3 Units occupied by persons under age 62 who are employees of the housing facility are not considered in determining whether housing qualifies as housing for persons age 62 or older. 15.1.4 Units occupied by persons under age 62 who are necessary to provide a reasonable accommodation to residents with disabilities are not considered in determining whether housing qualifies as housing for persons age 62 or older. 15.2 Housing for persons age 55 or older. 15.2.1 Housing qualifies under this section as long as at least 80% of the units are occupied by at least one person age 55 or older. 15.2.1.1 In computing whether the 80% occupancy test is met, unoccupied units are not included in the calculation. 15.2.1.2 Units occupied by persons under age 55 who are employees of the housing facility are not considered in determining whether housing qualifies as housing for persons age 55 or older. 15.2.1.3 Units occupied by persons under age 55 who are necessary to provide a reasonable accommodation to residents with disabilities are not considered in determining whether housing qualifies as housing for persons age 55 or older. 15.2.1.4 A unit that is temporarily vacant is deemed to be occupied by a person 55 or older if, within the preceding 12 months, the unit was occupied by a person 55 or older who intends to periodically return. 15.2.1.5 Owners or managers must maintain records demonstrating that at least 80% of the units are occupied by at least one person age 55 or older. These records shall include biennial surveys made to confirm the ages of occupants by reliable documentation, such as drivers’ licenses, passports, etc. Surveys shall be made available to the Division for inspection if a complaint of discrimination is filed. 15.2.2 To qualify under this section, a facility or community must publish and adhere to policies and procedures that demonstrate the intent of the owner to maintain housing for persons age 55 or older. The publication must be available for inspection at the management office during regular business hours. 15.3 Provisions under the Act regarding familial status and age are not applicable to qualified housing for older persons. 15.4 A child under eighteen (18) years of age may be a temporary resident in a unit of housing for older persons if the child’s parent, guardian, or person acting as a parent, with whom the child just resided, is unable to care for the child by reason of death, serious injury or serious illness.
Section 15.0 of 1 Del. Admin. Code 602 establishes two distinct categories of age-restricted housing in Delaware: communities reserved exclusively for residents age 62 or older, and communities where at least 80% of occupied units must house at least one person age 55 or older. The 62-and-older category applies a strict all-or-nothing occupancy rule, while the 55-and-older category uses a percentage threshold and requires documented policies and biennial age surveys. Qualified housing under either category is exempt from the state's familial-status and age discrimination provisions, though limited exceptions exist for facility employees, disability-related accommodations, and temporary child residents in specific hardship circumstances.
Plain English — not legal advice.
Operators of age-restricted communities under 1 Del. Admin. Code 602 § 15.0 generally maintain clear written policies stating the community's intent, keep those policies available for inspection at the management office during regular business hours, and conduct biennial surveys using reliable documentation—such as driver's licenses or passports—to verify occupant ages. For 62-and-older communities, compliant operators ensure that no resident under age 62 occupies any unit, with narrow exceptions for employees and disability-related accommodations. For 55-and-older communities, operators track occupancy data carefully, excluding vacant and excepted units from the 80% calculation, and keep records ready to produce to the Division if a discrimination complaint is filed.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 1 Del. Admin. Code 602 § 15.0, residents of age-restricted communities have a right to live in housing that genuinely meets the legal standards for the category it claims—whether the strict 62-and-older rule or the 80% threshold for 55-and-older communities. Tenants who believe a community is misrepresenting its age-restricted status, or who feel they have been improperly denied housing or displaced based on age, may file a complaint with the Delaware Division of Human Relations, which has authority to inspect occupancy records and survey documentation. Tenant-rights organizations and legal aid services can help individuals understand how the exemptions—including those for employees, disability accommodations, and temporary child residents under hardship circumstances—may apply in a given situation.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 22, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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