1 Del. Admin. Code § 602 § 7.0
Charge and Answer
Operative Text
7.1 Except in the case of complaints initiated by the Commission, the Director or his or her designee shall make a determination as to whether or not reasonable cause exists to believe that a discriminatory housing practice has occurred or is about to occur and issue a charge on behalf of the aggrieved person or dismiss the complaint pursuant to Section 4610(f). 7.2 The time for conciliation specified by Section 4610(b)(1) of the Act ends with the filing of a charge or a dismissal under Section 4610(f)(1)(2). Any subsequent settlement negotiations are conducted between the Respondent, or his or her attorney, and the Deputy Attorney general assigned to represent the Division. 7.3 The charge shall consist of a short and plain statement of the facts that support a finding of reasonable cause by the Division and shall be served on the Respondent and the aggrieved person. The charge shall be based on the final investigative report and need not be limited to the facts alleged in the complaint. 7.4 An aggrieved person may intervene as a party in the proceeding with written notice to the Division and the Respondent. 7.5 Within twenty (20) days after service of the charge, a Respondent shall file an answer with the Division. 7.6 Failure to file an answer to the charge shall be deemed an admission by the Respondent of all matters of fact recited therein and may result in the entry of a default decision by the Commission. 7.7 Any party may elect in writing to proceed for judicial determination rather than the administrative hearing before the Commission by notifying the Division within twenty (20) days of receiving the charge. If an election for judicial determination is made, the Respondent is not required to file an answer to the charge with the Division. The subsequent proceeding are subject to the rules of the Court.
Under 1 Del. Admin. Code 602 § 7.0, once a fair housing complaint clears an initial review, the Director determines whether reasonable cause exists to believe a discriminatory housing practice occurred or is about to occur, and may issue a formal charge or dismiss the complaint. A charge is a concise statement of supporting facts served on both the respondent and the aggrieved person, and it can draw on the full investigative record beyond what the original complaint alleged. After a charge is issued, all parties have the option to resolve the matter through an administrative hearing before the Commission or to elect a judicial determination in court, each path carrying its own procedural rules and timelines.
Plain English — not legal advice.
Property owners or managers named as respondents under 1 Del. Admin. Code 602 § 7.0 generally have twenty days after being served with a charge to file a written answer with the Division. Operators who do not respond risk having all factual allegations in the charge treated as admitted, which can lead to a default decision by the Commission. Compliant respondents also pay close attention to the election window: within that same twenty-day period, a respondent may choose in writing to have the matter decided in court rather than through the administrative process, which shifts the proceeding to judicial rules.
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 § 7.0, an aggrieved person whose complaint results in a charge has the right to intervene as a formal party in the proceeding by providing written notice to the Division and the respondent. Aggrieved persons should be aware that the conciliation period ends once a charge is filed or the complaint is dismissed, and any later settlement discussions involve the Deputy Attorney General assigned to the Division rather than the parties directly. Tenants who believe their fair housing rights are at stake may consult a tenant-rights organization or legal aid provider to understand the implications of the administrative versus judicial election available to any party within twenty days of receiving the charge.
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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