1 Del. Admin. Code § 602 § 9.0
Expedited Discovery after a Charge is Filed
Operative Text
9.1 After a charge is filed by the Division, parties may obtain discovery by depositions, written interrogatories, production of documents or things, and requests for admission. The expense of such discovery shall be borne by the party requesting the discovery. 9.2 Pursuant to the Fair Housing Act, Sections 4612(d) and (e), discovery in administrative proceedings shall be conducted as expeditiously as possible consistent with the need of all parties to obtain relevant evidence and the statutory requirement that a hearing be scheduled within one hundred twenty (120) days following the issuance of the charge unless impracticable. 9.3 The parties shall try to agree on procedures for discovery. Where the parties cannot agree, disputes shall be presented in writing, and the dispute shall be resolved by written decision of a Commissioner, appointed by the Chairperson, who will not be assigned to the hearing Panel. 9.4 Discovery need not be formal. For example, the parties need not have a professional stenographer for transcription of depositions, so long as a record is made in some fashion such as an audio or video tape. Parties shall be entitled to a copy of the record, in whatever form, at their own expense.
Under 1 Del. Admin. Code 602 § 9.0, once the Division files a fair housing charge, all parties involved in the administrative proceeding gain access to standard discovery tools — including depositions, written interrogatories, document requests, and requests for admission. The party requesting any discovery bears its own costs. Consistent with the Fair Housing Act's requirement that a hearing be scheduled within 120 days of the charge (unless impracticable), the process is designed to move as quickly as possible while still allowing all sides to gather relevant evidence.
Plain English — not legal advice.
Under 1 Del. Admin. Code 602 § 9.0, property owners and managers named in a fair housing charge should be aware that the discovery phase begins promptly after the charge is filed and is governed by strict timing expectations tied to the 120-day hearing window. Compliant operators generally respond to discovery requests in a timely manner, bear their own discovery costs, and attempt to reach agreement with the opposing party on discovery procedures before escalating disputes to a Commissioner. Keeping organized records of communications, lease documents, and relevant policies tends to support a smoother discovery process.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
If you are a complainant or party in a fair housing administrative proceeding under 1 Del. Admin. Code 602 § 9.0, you have the right to use discovery tools — such as depositions, document requests, and written interrogatories — to gather evidence relevant to your case. Discovery does not need to be conducted in a highly formal manner; for instance, depositions can be recorded by audio or video rather than requiring a professional stenographer, though you are responsible for obtaining a copy of any record at your own expense. If disputes arise over discovery procedures, they are resolved in writing by a Commissioner not assigned to your hearing panel — a process you can learn more about by consulting a tenant-rights organization or legal aid provider familiar with Delaware fair housing proceedings.
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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