reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 43. RETAIL INSTALLMENT SALES › Subchapter VII. Add-On Sales › § 4329. Memorandum on subsequent purchases to be furnished to buyer.

§ 4329. Memorandum on subsequent purchases to be furnished to buyer.
(a) When a subsequent purchase is made, the seller shall deliver to the buyer, prior to the due date of the first installment, a memorandum which shall set forth the following:
(1) The names of the seller and the buyer, the place of business of the seller, the residence or place of business of the buyer as specified by the buyer and a description of the goods and services sufficient to identify them. Services or multiple items of goods may be described in general terms and may be described in detail in a separate writing.
(2) The cash sale price of the goods, services and accessories which are the subject matter of the new retail installment sale.
(3) The amount of the buyer's down payment, itemizing the amounts paid in money and in goods and containing a brief description of the goods, if any, traded in.
(4) The difference between paragraphs (a)(2) and (a)(3) of this section.
(5) The amount, if any, included for insurance, specifying the coverages and the cost of each type of coverage.
(6) The amount, if any, of official fees.
(7) The unpaid balance, which is the sum of paragraphs (a)(4), (5) and (6) of this section.
(8) The unpaid time balance of the prior contract or contracts.
(9) The new unpaid balance, which is the sum of paragraphs (a)(7) and (8) of this section.
(10) The amount of the service charge computed in conformity with § 4315 of this title.
(11) The consolidated time balance, which is the sum of paragraphs (a)(9) and (10) of this section, payable by the buyer to the seller, the number of installments required, the amount of each installment expressed in dollars and the due date or period thereof.
(b) The items need not be stated in the sequence or order set forth above; additional items may be included to explain the computations made in determining the amounts to be paid by the buyer.
(c) This memorandum shall contain the statement that the seller is adding the subsequent purchase to the buyer's existing contract in accordance with the provisions thereof.
6 Del. C. 1953, §  4329;  52 Del. Laws, c. 342.;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 43. RETAIL INSTALLMENT SALES › Subchapter VII. Add-On Sales › § 4330. Obligation of buyer in absence of memorandum.

§ 4330. Obligation of buyer in absence of memorandum.
Until the seller delivers to the buyer the memorandum as provided in § 4329 of this title, the buyer shall be obligated to pay only the cash sale price of the subsequent purchase.
6 Del. C. 1953, §  4330;  52 Del. Laws, c. 342.;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 43. RETAIL INSTALLMENT SALES › Subchapter VII. Add-On Sales › § 4331. Service charge on consolidated time balance.

§ 4331. Service charge on consolidated time balance.
Subject to the other provisions of §§ 4315-4317 of this title, the service charge to be included in a consolidated time balance shall be determined by applying the service charge at the applicable rate specified in that article to either:
(1) The total of the unpaid balance of the subsequent contract and the unpaid balance of any previous contract included in the consolidated total determined by deducting from the then unpaid time balance thereof any then unearned service charge in an amount not less than the refund credit for anticipation in §§ 4320-4323 of this title (computed, however, without the allowance of any minimum earned service charge), for the period from the date thereof to and including the date when the final installment of such consolidated total is payable; or
(2) The principal balance of the subsequent contract for the period from the date thereof to and including the date when the final installment of such consolidated total is payable and, if the due date of the final installment of such consolidated total is later than the due date of the final installment of any previous contract included in the consolidated total, on the time balance then unpaid on such previous contract from the date when the final installment thereof was payable to the date when the final installment of such consolidated total is payable.
6 Del. C. 1953, §  4331;  52 Del. Laws, c. 342.;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 43. RETAIL INSTALLMENT SALES › Subchapter VII. Add-On Sales › § 4332. Minimum service charge in add-on transactions.

§ 4332. Minimum service charge in add-on transactions.
The minimum service charge as provided in paragraph (3) [repealed] of § 4315 of this title may be used but once in any series of add-on transactions.
6 Del. C. 1953, §  4332;  52 Del. Laws, c. 342.;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 43. RETAIL INSTALLMENT SALES › Subchapter VIII. Terms of Purchase by Financing Agency › § 4333. Purchase of contract by financing agency authorized; notice of assignment not required.

§ 4333. Purchase of contract by financing agency authorized; notice of assignment not required.
Notwithstanding any contrary provision of this title, a financing agency may purchase a retail installment contract or installment account from a seller on such terms and conditions and for such price as may be mutually agreed upon. No filing of notice or of the assignment, no notice to the buyer of the assignment, and no requirement that the seller be deprived of dominion over payments upon the contract or installment account or over the goods if repossessed by the seller, shall be necessary to the validity of a written assignment of a contract or installment account as against creditors, subsequent purchasers, pledgees, mortgagees or encumbrancers of the seller, except as may otherwise be required by law.
6 Del. C. 1953, §  4333;  52 Del. Laws, c. 342.;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 43. RETAIL INSTALLMENT SALES › Subchapter IX. Retail Installment Accounts › § 4334. Establishment of retail installment account authorized; statement of service charges to be furnished to buyer.

§ 4334. Establishment of retail installment account authorized; statement of service charges to be furnished to buyer.
A retail installment account may be established by the seller upon the request of a buyer or prospective buyer. The statement that “service charges not in excess of those permitted by law will be charged on the outstanding balances from month to month” shall be printed in type no smaller than 8 points in every application form used by the seller and shall be stated to the applicant when such installment accounts are negotiated by telephone.
6 Del. C. 1953, §  4334;  52 Del. Laws, c. 342.;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 43. RETAIL INSTALLMENT SALES › Subchapter IX. Retail Installment Accounts › § 4335. Confirmation of account by seller; contents; proof of mailing.

§ 4335. Confirmation of account by seller; contents; proof of mailing.
(a) At the time a seller accepts the credit of the buyer and establishes a retail installment account for that buyer's use, the seller shall confirm this fact to the buyer in writing. Such confirmation shall contain a clear and understandable statement of the rates of service charge, without regard to the variations contained in § 4337 of this title, which will be collected from the buyer, but may contain the clause that such rates are subject to change if permitted by law. This confirmation shall also contain a legend that the buyer may at any time pay the entire balance.
(b) The confirmation shall be in type no smaller than elite typewriter characters.
(c) If no copy of the confirmation is retained by the seller, a notation in the permanent record showing that such confirmation was mailed, and the date of mailing, shall serve as prima facie evidence of such mailing.
6 Del. C. 1953, §  4335;  52 Del. Laws, c. 342;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 43. RETAIL INSTALLMENT SALES › Subchapter IX. Retail Installment Accounts › § 4336. Display of service charge rates by seller.

§ 4336. Display of service charge rates by seller.
Each retail seller, before the retail seller can benefit from the service charges permitted by this subchapter, shall display prominently in the retail seller's main place of business and in each branch thereof, a statement outlining the service charge rates which will conform to § 4337 of this title.
6 Del. C. 1953, §  4336;  52 Del. Laws, c. 342;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 43. RETAIL INSTALLMENT SALES › Subchapter IX. Retail Installment Accounts › § 4337. Service charge.

§ 4337. Service charge.
Subject to the other provisions of this subchapter a retail seller or the holder of a retail installment account may charge and collect a service charge computed on the outstanding unpaid indebtedness in a buyer's retail installment account and may calculate such service charge in the manner and at such daily, weekly, monthly, annual or other periodic percentage rate or rates as the agreement governing retail installment account provides; provided, however, that if the service charge as so computed is less than $1.00 for any month, the holder may charge $1.00 as a service charge for such month. If the applicable periodic percentage rate under the agreement governing a retail installment account is other than daily, the service charge may be calculated on an amount not in excess of the average of outstanding unpaid indebtedness for the applicable billing period, determined by dividing the total of the amounts of outstanding unpaid indebtedness for each day in the applicable billing period by the number of days in the billing period. If the applicable periodic percentage rate under the agreement governing the retail installment account is monthly, a billing period shall be deemed to be a month or monthly if the last day of each billing period is on the same day of each month or does not vary by more than 4 days therefrom.
6 Del. C. 1953, §  4337;  52 Del. Laws, c. 342;  62 Del. Laws, c. 228, §§  10, 11;  63 Del. Laws, c. 2, §  19;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 43. RETAIL INSTALLMENT SALES › Subchapter IX. Retail Installment Accounts › § 4338. Monthly statement of account.

§ 4338. Monthly statement of account.
(a) The seller or holder of a retail installment account shall promptly provide the buyer with a statement as of the end of each monthly period (which need not be a calendar month) setting forth the following:
(1) The balance due to the seller or holder from the buyer at the beginning of the monthly period;
(2) The dollar amount of each purchase by the buyer during the monthly period and (unless a sales slip or memorandum of each purchase has previously been furnished the buyer or is attached to the statement), the purchase or posting date, a brief description and the cash price of each purchase;
(3) The payments made by the buyer to the seller or holder and any other credits to the buyer during the monthly period;
(4) The amount of the service charge;
(5) The total balance in the account at the end of the monthly period;
(6) A legend to the effect that the buyer may at any time pay the total balance.
(b) The items need not be stated in the sequence or order set forth above; additional items may be included to explain the computations made in determining the amount to be paid by the buyer.
6 Del. C. 1953, §  4338;  52 Del. Laws, c. 342;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 43. RETAIL INSTALLMENT SALES › Subchapter IX. Retail Installment Accounts › § 4339. Charges included in installment account service charge; additional charges prohibited.

§ 4339. Charges included in installment account service charge; additional charges prohibited.
The service charge shall include all charges incident to investigating and making the retail installment account. No fee, expense, delinquency, collection or other charge whatsoever shall be taken, received, reserved or contracted by the seller or holder of a retail installment account except as provided in this section. A seller may, however, in an agreement which is signed by the buyer and of which a copy is given or furnished to the buyer provide for the payment of attorney's fees and costs in conformity with § 4345 of this title.
6 Del. C. 1953, §  4339;  52 Del. Laws, c. 342.;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 43. RETAIL INSTALLMENT SALES › Subchapter IX. Retail Installment Accounts › § 4340. Insurance; cost and procurance of.

§ 4340. Insurance; cost and procurance of.
If the cost of any insurance is to be separately charged to the buyer, there shall be an agreement to that effect, signed by both the buyer and the seller, a copy of which shall be given or furnished to the buyer. Such agreement shall state whether the insurance is to be procured by the buyer or the seller or holder. If the insurance is to be procured by the seller or holder, the seller or holder shall comply with the provisions of § 4307 of this title.
6 Del. C. 1953, §  4340;  52 Del. Laws, c. 342.;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 43. RETAIL INSTALLMENT SALES › Subchapter IX. Retail Installment Accounts › § 4341. Security interest of seller in goods.

§ 4341. Security interest of seller in goods.
Nothing in this subchapter prohibits the execution of an agreement between a buyer and seller whereby the seller retains a security interest in goods sold to the buyer until full payment therefor has been made. Section 4328 of this title shall apply to goods sold under such an agreement.
6 Del. C. 1953, §  4341;  52 Del. Laws, c. 342.;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 43. RETAIL INSTALLMENT SALES › Subchapter IX. Retail Installment Accounts › § 4342. Notes cutting off buyer's right of action or defense against seller prohibited.

§ 4342. Notes cutting off buyer's right of action or defense against seller prohibited.
No retail installment account shall require or entail the execution of any note or series of notes by the buyer which, when separately negotiated, will cut off as to third parties, any right of action or defense which the buyer may have against the seller.
6 Del. C. 1953, §  4342;  52 Del. Laws, c. 342.;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 43. RETAIL INSTALLMENT SALES › Subchapter IX. Retail Installment Accounts › § 4343. Application of other sections to retail installment accounts.

§ 4343. Application of other sections to retail installment accounts.
The provisions of §§ 4320 and 4323 of this title shall apply to retail installment accounts.
6 Del. C. 1953, §  4343;  52 Del. Laws, c. 342.;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 43. RETAIL INSTALLMENT SALES › Subchapter X. Attorney’s Fees and Court Costs › § 4344. Award of reasonable attorney's fees and court costs to prevailing party.

§ 4344. Award of reasonable attorney's fees and court costs to prevailing party.
A contract or installment account may provide for the payment of reasonable attorney's fees and actual court costs if it is referred to an attorney for collection. Reasonable attorney's fees and costs shall be awarded to the prevailing party in any action on a contract or installment account subject to the provisions of this chapter regardless of whether such action is instituted by the seller, holder, or buyer. Where the defendant alleges in an answer that the defendant tendered to the plaintiff the full amount to which the plaintiff was entitled, and thereupon deposits in court, for the plaintiff, the amount so tendered, and the allegation is found to be true, then the defendant is deemed to be a prevailing party within the meaning of this section.
6 Del. C. 1953, §  4344;  52 Del. Laws, c. 342;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 43. RETAIL INSTALLMENT SALES › Subchapter XI. Attachment › § 4345. Limited exemption of salary or wages.

§ 4345. Limited exemption of salary or wages.
In addition to any existing exemption under any other provisions of law, the salary or wages of a defendant are exempt from attachment for a period of 60 days from the date of default of the contract or installment account for any claim arising out of a contract or installment account subject to the provisions of this title.
6 Del. C. 1953, §  4345;  52 Del. Laws, c. 342.;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 43. RETAIL INSTALLMENT SALES › Subchapter XII. Repossession and Resale › § 4346. Remedies available to holder on default of buyer.

§ 4346. Remedies available to holder on default of buyer.
In the event of any default by the buyer in the performance of obligations under a contract or installment account, the holder, pursuant to any rights granted therein, may proceed to recover judgment for the balance due without retaking the goods, or the holder may retake the goods and proceed as provided for in Article 9 of Subtitle I of this title.
6 Del. C. 1953, §  4346;  52 Del. Laws, c. 342;  56 Del. Laws, c. 221;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 43. RETAIL INSTALLMENT SALES › Subchapter XIII. Penalties › § 4347. Violation as misdemeanor.

§ 4347. Violation as misdemeanor.
Any person who shall wilfully violate this chapter shall be guilty of a misdemeanor.
6 Del. C. 1953, §  4347;  52 Del. Laws, c. 342.;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 43. RETAIL INSTALLMENT SALES › Subchapter XIII. Penalties › § 4348. Knowledge by assignee of noncompliance with chapter as barring recovery of charges; recovery by buyer of charges paid.

§ 4348. Knowledge by assignee of noncompliance with chapter as barring recovery of charges; recovery by buyer of charges paid.
In case of failure by any person to comply with the provisions of this chapter, such person or any person who acquires a contract or installment account with knowledge of such noncompliance is barred from recovery of any time price differential or service charge or of any delinquency, collection, extension, deferral or refinance charge imposed in connection with such contract or installment account and the buyer shall have the right to recover from such person an amount equal to any of such charges paid by the buyer.
6 Del. C. 1953, §  4348;  52 Del. Laws, c. 342.;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 43. RETAIL INSTALLMENT SALES › Subchapter XIII. Penalties › § 4349. Correction of failure of compliance with chapter.

§ 4349. Correction of failure of compliance with chapter.
Notwithstanding the provisions of this subchapter, any failure to comply with any provision of this chapter may be corrected within 10 days after the holder notices such failure or is notified thereof in writing by the buyer and, if so corrected, neither the seller nor the holder shall be subject to any penalty under this subchapter.
6 Del. C. 1953, §  4349;  52 Del. Laws, c. 342.;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 43. RETAIL INSTALLMENT SALES › Subchapter XIII. Penalties › § 4350. Wilful violations in connection with consolidated contracts as barring recovery of charges; recovery by buyer of charges paid.

§ 4350. Wilful violations in connection with consolidated contracts as barring recovery of charges; recovery by buyer of charges paid.
Section 4349 of this title shall not apply to any person who wilfully violates any provision of this chapter in connection with the imposition, computation or disclosures of or relating to a time price differential or service charge on a consolidated total of 2 or more contracts under §§ 4327-4332 of this title, and the buyer may recover from such person an amount equal to 3 times the total of the time price differentials or service charges and any delinquency, collection, extension, deferral or refinance charges imposed, contracted for or received on all contracts included in the consolidated total and the seller shall be barred from the recovery of any such charges.
6 Del. C. 1953, §  4350;  52 Del. Laws, c. 342.;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 43. RETAIL INSTALLMENT SALES › Subchapter XIV. Disclosures › § 4351. Disclosure requirements.

§ 4351. Disclosure requirements.
Notwithstanding any other provision of this chapter to the contrary, disclosures made in the terminology of the Truth in Lending Act, as amended, [15 U.S.C. § 1601 et seq.], and regulations prescribed thereunder, shall be deemed to comply with comparable, but literally inconsistent disclosure requirements of this chapter; provided, however, that any charges otherwise authorized under this chapter may be contracted for and collected in amounts and at rates consistent with the provisions of this chapter without regard to any inconsistent terminology of said Truth in Lending Act and this chapter.
6 Del. C. 1953, §  4351;  57 Del. Laws, c. 157.;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 44. HOME SOLICITATION SALES › § 4401. Declaration of purpose.

§ 4401. Declaration of purpose.
This chapter shall be interpreted and administered so as to give greatest effect to the public policy of this State, which declares that it is a basic right of every Delaware citizen to be free of, and protected from, high-pressure door-to-door sales tactics and the resultant inequities to the consumer found in certain ambiguous or misleading contracts, poor quality merchandise and the quick discounting of evidences of indebtedness.
6 Del. C. 1953, §  4401;  58 Del. Laws, c. 391;  60 Del. Laws, c. 543, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 44. HOME SOLICITATION SALES › § 4402. Short title.

§ 4402. Short title.
This chapter may be known and cited as the “Home Solicitation Sales Act.”
6 Del. C. 1953, §  4402;  58 Del. Laws, c. 391;  60 Del. Laws, c. 543, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 44. HOME SOLICITATION SALES › § 4406. Time of solicitation.

§ 4406. Time of solicitation.
(a) A door-to-door sale shall be solicited by a seller or a seller's representative at a home between the hours of 9 a.m. to 8 p.m. prevailing Delaware time, only.
(b) For purposes of this section, the term “door-to-door sale” shall include a transaction that would be a door-to-door sale but for the $25 purchase price limitation in the definition of “door-to-door sale” in § 4403(3) of this title, regardless of the purchase price.
(c) This section does not apply to a door-to-door sale solicited:
(1) Via telephone, mail, e-mail, or Internet;
(2) Where the seller or the seller's representative solicits a person or persons who have been invited to the owner's, lessee's, and/or resident's home for the purpose of hearing the solicitation;
(3) Where the owner, lessee and/or resident of a home invited a seller or a seller's representative into and/or to the home for the purpose of such solicitation;
(4) By a nonprofit organization under § 501(c) of the Internal Revenue Code (26 U.S.C. § 501(c)) or Delaware law; or
(5) By a public utility or cable television system operator, as defined in § 102(2) or (4) of Title 26, or its agents, provided that such salespersons prominently display an identification card containing the name of the public utility or cable television system operator and in such a manner that a potential buyer shall be able to view it during any transaction with the seller or a representative thereof soliciting a door-to-door sale.
(d) Whoever violates this section shall for the first offense be fined not less than $75 nor more than $150. For each subsequent like offense the person shall be fined not less than $100 nor more than $250.
78 Del. Laws, c. 221, §  2;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 44. HOME SOLICITATION SALES › § 4407. Enforcement.

§ 4407. Enforcement.
In addition to any remedies the buyer may have at law or in equity, the authority of the Attorney General under Chapter 25 of Title 29 shall apply to violations of this chapter.
6 Del. C. 1953, §  4407;  58 Del. Laws, c. 391;  60 Del. Laws, c. 543, §  1;  69 Del. Laws, c. 291, §  98(a);  77 Del. Laws, c. 282, §  12;  78 Del. Laws, c. 221, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 45. EQUAL ACCOMMODATIONS › § 4501. Purpose and construction.

§ 4501. Purpose and construction.
This chapter is intended to prevent, in places of public accommodations, practices of discrimination against any person because of race, age, marital status, creed, religion, color, sex, disability, sexual orientation, gender identity, or national origin. This chapter shall be liberally construed to the end that the rights herein provided for all people, without regard to race, age, marital status, creed, religion, color, sex, disability, sexual orientation, gender identity, or national origin, may be effectively safeguarded. Furthermore, it is appropriate for the Commission to consult with, consider, and apply higher or more comprehensive obligations established by otherwise applicable federal, state, or local law in defining the scope or extent of any duty imposed by this chapter.
6 Del. C. 1953, §  4502;  54 Del. Laws, c. 181, §  1;  58 Del. Laws, c. 133, §  1;  58 Del. Laws, c. 386, §  1;  65 Del. Laws, c. 377, §  1;  70 Del. Laws, c. 350, §  1;  75 Del. Laws, c. 356, §  8;  77 Del. Laws, c. 90, §  1;  79 Del. Laws, c. 47, §  1;  79 Del. Laws, c. 371, §  4;  81 Del. Laws, c. 440, § 1;  83 Del. Laws, c. 74, § 1;  83 Del. Laws, c. 450, § 1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 45. EQUAL ACCOMMODATIONS › § 4503. Persons entitled to protection.

§ 4503. Persons entitled to protection.
All persons within the jurisdiction of this State are entitled to the full and equal accommodations, facilities, advantages and privileges of any place of public accommodation regardless of the race, age, marital status, creed, religion, color, sex, disability, sexual orientation, gender identity, or national origin of such persons.
6 Del. C. 1953, §  4503;  54 Del. Laws, c. 181, §  1;  58 Del. Laws, c. 133, §  1;  58 Del. Laws, c. 386, §  1;  65 Del. Laws, c. 377, §  2;  70 Del. Laws, c. 350, §  1;  77 Del. Laws, c. 90, §  3;  79 Del. Laws, c. 47, §  4;  83 Del. Laws, c. 74, § 3;  83 Del. Laws, c. 450, § 3;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 45. EQUAL ACCOMMODATIONS › § 4505. Authority of the Commission; delegation.

§ 4505. Authority of the Commission; delegation.
(a) The Commission shall implement the provisions of this chapter not expressly vested in another entity.
(b) The Commission may delegate, to a panel of its members, any power, duty, or function vested in it by this chapter. No panel to which any power, duty, or function of the Commission is delegated shall consist of fewer than 3 members of the Commission.
(c) The Commission may delegate, to the Division, any power, duty, or function vested in it by this chapter unless the delegation is expressly prohibited. If the Commission delegates to the Division a power, duty, or function vested in it by this chapter, the delegation shall specifically state the power, duty, or function being delegated.
(d) The Commission shall not delegate its power or duty to conduct public hearings or order relief to the Division.
70 Del. Laws, c. 350, §  1;  75 Del. Laws, c. 356, §  12;  83 Del. Laws, c. 305, § 2;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 45. EQUAL ACCOMMODATIONS › § 4506. Commission's power to adopt rules.

§ 4506. Commission's power to adopt rules.
The Commission shall have the power in accordance with the Administrative Procedures Act in Title 29 [Chapter 101 of Title 29] to adopt rules and regulations concerning the manner in which complaints shall be investigated or other investigations pursuant to this chapter shall be conducted, the manner in which public hearings shall be conducted, the general form and content of agreements and orders provided for in this chapter and such other rules as the Commission shall consider appropriate to assist it in performing its duties and in carrying out the purposes of this chapter. Such rules and regulations shall have the force and effect of law.
6 Del. C. 1953, §  4508;  54 Del. Laws, c. 181, §  1;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 350, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 45. EQUAL ACCOMMODATIONS › § 4507. Education and conciliation.

§ 4507. Education and conciliation.
(a) The Commission may commence such educational activities as, in its judgment, will further the purposes of this chapter. It may hold conferences for persons in the business industry and other interested parties to acquaint them with the provisions of this chapter and its suggested means of implementing it. The Commission may issue reports on such conferences as it deems appropriate.
(b) The Division may commence such conciliatory activities in order to further the purposes of this chapter. It may call conferences of persons in the business industry and other interested parties to acquaint them with the provisions of this chapter governing conciliation and the means it employs to implement those provisions. It shall endeavor, with their advice, to develop programs of voluntary compliance and enforcement. The Division may issue reports on such conferences as it deems appropriate.
(c) When undertaking their respective duties under this section, the Commission and the Division may consult with state and local officials and other interested parties to learn the extent, if any, to which discriminatory public accommodations practices exist in the State or locality, and whether and how state or local enforcement programs might be utilized to combat such discrimination. The Commission may issue reports on such consultations as it deems appropriate.
70 Del. Laws, c. 350, §  1;  75 Del. Laws, c. 356, §  13;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 45. EQUAL ACCOMMODATIONS › § 4509. Division's power to investigate compliance.

§ 4509. Division's power to investigate compliance.
The Division is empowered to investigate compliance with this chapter whether or not a complaint is filed pursuant to § 4508 of this title. In furtherance of and not in limitation of this power, the Division may review practices of any place of public accommodation within this State. Investigations pursuant to this section that cannot be resolved through conciliation may be referred by the Division to the Attorney General for further proceedings pursuant to § 4512 of this title.
6 Del. C. 1953, §  4507;  54 Del. Laws, c. 181, §  1;  70 Del. Laws, c. 350, §  1;  75 Del. Laws, c. 356, §§  19, 20;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 45. EQUAL ACCOMMODATIONS › § 4511. Judicial review.

§ 4511. Judicial review.
(a) Any party aggrieved by an order for relief under § 4508 of this title granting or denying, in whole or in part, the relief sought, may obtain a review of such order in the Superior Court in the county in which the discriminatory public accommodations practice is alleged to have occurred, pursuant to the civil rules of that Court and the Administrative Procedures Act [Chapter 101 of Title 29]. Filing of the petition for review shall be not later than 30 days after the order is entered.
(b) Any party to the proceeding before the panel may intervene in the Superior Court in the appeal process.
(c) No objection not made before the panel shall be considered by the Court, unless the failure or neglect to urge such objection is excused because of extraordinary circumstances or when the interests of justice so require.
(d) If the Attorney General has not commenced a civil action within 60 days of notice of breach of a Commission order or conciliation agreement as authorized by § 4512 of this title, an aggrieved party may commence an action in the Superior Court, or Court of Chancery, or both, seeking enforcement and appropriate relief, including conversion of a Commission order conferring monetary relief to a judgment subject to execution. The Court may also award the aggrieved party reasonable costs and attorneys' fees in connection with the enforcement action.
6 Del. C. 1953, §  4511;  54 Del. Laws, c. 181, §  1;  70 Del. Laws, c. 350, §  1;  75 Del. Laws, c. 356, §  16;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 45. EQUAL ACCOMMODATIONS › § 4512. Enforcement by the Attorney General.

§ 4512. Enforcement by the Attorney General.
(a) Whenever the Attorney General has reasonable cause to believe that any person or group of persons is engaging in a pattern of discriminatory public accommodation practices, that any person or group of persons has been denied any of the rights granted by this chapter and such denial raises an issue of general public importance or that any party to a conciliation agreement has breached such agreement, the Attorney General may commence a civil action in the Superior Court, Court of Chancery or both in any county of the State for appropriate relief including, but not limited to, equitable relief, monetary damages, reasonable attorneys' fees, costs and expenses. To vindicate the public interest, the court may assess a civil penalty to be paid to the Special Administration Fund in an amount not exceeding $25,000 for a first violation of this section and in an amount not exceeding $50,000 for any subsequent violation of this section.
(b) When a civil action is initiated by the Attorney General pursuant to this section, no Court shall charge fees of any kind in such proceeding to the Attorney General, the Commission or any of its members.
6 Del. C. 1953, §§  4512, 4514, 4515;  54 Del. Laws, c. 181, §  1;  70 Del. Laws, c. 350, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 46. FAIR HOUSING ACT › § 4601. Declaration of purpose and construction.

§ 4601. Declaration of purpose and construction.
(a) Purpose. — This chapter is intended to eliminate, as to housing offered to the public for sale, rent or exchange, discrimination based upon race, color, national origin, religion, creed, sex, marital status, familial status, source of income, age, sexual orientation or disability, and to provide an administrative procedure through which disputes concerning the same may effectively and expeditiously be resolved with fairness and due process for all parties concerned.
(b) Construction. — This chapter shall be liberally construed to the end that its purposes may be accomplished and all persons may fully enjoy equal rights and access to housing for themselves and their families. Furthermore, in defining the scope or extent of any duty imposed by this chapter, including the duty of reasonable accommodation, higher or more comprehensive obligations established by otherwise applicable federal, state or local enactments may be considered.
6 Del. C. 1953, §  4602;  57 Del. Laws, c. 32, §  1;  58 Del. Laws, c. 133, §  2;  58 Del. Laws, c. 386, §  2;  62 Del. Laws, c. 330, §  3;  68 Del. Laws, c. 311, §  1;  75 Del. Laws, c. 356, §  28;  77 Del. Laws, c. 90, §  5;  79 Del. Laws, c. 47, §  6;  80 Del. Laws, c. 355, § 1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 46. FAIR HOUSING ACT › § 4604. Discrimination in residential real estate-related transactions.

§ 4604. Discrimination in residential real estate-related transactions.
(a) In general. —
It shall be unlawful for any person or other entity whose business includes engaging in residential real estate-related transactions to discriminate against any person in making available such a transaction, or in the terms or conditions of such a transaction, because of race, color, national origin, religion, creed, sex, marital status, familial status, source of income, age, sexual orientation, gender identity or disability.
(b) Appraisal exemption. —
Nothing in this chapter prohibits a person engaged in the business of furnishing appraisals of real property to take into consideration factors other than race, color, national origin, religion, creed, sex, marital status, familial status, source of income, age, sexual orientation, gender identity or disability.
6 Del. C. 1953, §  4603;  57 Del. Laws, c. 32, §  1;  58 Del. Laws, c. 133, §  2;  58 Del. Laws, c. 386, §  2;  62 Del. Laws, c. 330, §§  4, 5;  68 Del. Laws, c. 311, §  1;  75 Del. Laws, c. 356, §  28;  77 Del. Laws, c. 90, §  8;  79 Del. Laws, c. 47, §  10;  80 Del. Laws, c. 355, § 4;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 46. FAIR HOUSING ACT › § 4605. Discrimination in provision of brokerage services.

§ 4605. Discrimination in provision of brokerage services.
It shall be unlawful to deny any person access to or membership or participation in any multiple-listing service, real estate brokers' organization or other service, organization or facility relating to the business of selling, exchanging or renting dwellings, or to discriminate against the person in the terms or conditions of such access, membership, or participation, on account of race, color, national origin, religion, creed, sex, marital status, familial status, source of income, age, sexual orientation, gender identity or disability.
6 Del. C. 1953, §  4603;  57 Del. Laws, c. 32, §  1;  58 Del. Laws, c. 133, §  2;  58 Del. Laws, c. 386, §  2;  62 Del. Laws, c. 330, §§  4, 5;  68 Del. Laws, c. 311, §  1;  75 Del. Laws, c. 356, §  28;  77 Del. Laws, c. 90, §  9;  79 Del. Laws, c. 47, §  11;  80 Del. Laws, c. 355, § 5;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 46. FAIR HOUSING ACT › § 4606. Aiding discriminatory practices.

§ 4606. Aiding discriminatory practices.
Notwithstanding the provisions enumerated in § 4619 of this title, it shall be unlawful to assist, induce, incite or coerce another person to commit any of the discriminatory housing practices prohibited by this chapter.
6 Del. C. 1953, §  4603;  57 Del. Laws, c. 32, §  1;  58 Del. Laws, c. 133, §  2;  58 Del. Laws, c. 386, §  2;  62 Del. Laws, c. 330, §§  4, 5;  68 Del. Laws, c. 311, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 46. FAIR HOUSING ACT › § 4608. Administration.

§ 4608. Administration.
(a) The Commission shall implement the provisions of this chapter not expressly vested in another entity.
(b) (1) The Commission may delegate to a panel of its members any power, duty, or function vested in it by this chapter. No panel to which any power, duty, or function of the Commission is delegated shall consist of fewer than 3 members of the Commission.
(2) The Commission may delegate, to the Division, any power, duty, or function vested in it by this chapter unless the delegation is expressly prohibited. If the Commission delegates to the Division a power, duty, or function vested in it by this chapter, the delegation shall specifically state the power, duty, or function being delegated. The Commission shall not delegate its power or duty to conduct public hearings or order relief to the Division.
(c) All executive departments and agencies of the State or any political subdivision thereof shall administer their programs and activities relating to housing and urban development (including, but not limited to, any agency having regulatory or supervisory authority over financial institutions) in a manner affirmatively to further the purposes of this chapter and shall cooperate with the Commission to further such purposes.
(d) The Commission, in connection with its enforcement of this chapter:
(1) May study the nature and extent of discriminatory housing practices in representative urban, suburban and rural communities throughout the State;
(2) May publish and disseminate reports, recommendations and information derived from such studies;
(3) Shall cooperate with and render technical assistance to federal and state agencies, organizations and institutions which are formulating or carrying on programs to prevent or eliminate discriminatory housing practices;
(4) May provide similar assistance to other local public or private agencies, organizations and institutions consistent with the purposes of this chapter; and
(5) Shall administer the programs and activities relating to eliminating discriminatory housing practices in a manner affirmatively to further the purpose of this chapter.
68 Del. Laws, c. 311, §  1;  75 Del. Laws, c. 356, §  30;  83 Del. Laws, c. 305, § 6;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 46. FAIR HOUSING ACT › § 4609. Education and conciliation.

§ 4609. Education and conciliation.
(a) The Commission may commence such educational activities as, in its judgment, will further the purposes of this chapter. It may hold conferences for persons in the business industry and other interested parties to acquaint them with the provisions of this chapter and its suggested means of implementing it. The Commission may issue reports on such conferences as it deems appropriate.
(b) The Division may commence such conciliatory activities in order to further the purposes of this chapter. It may call conferences of persons in the business industry and other interested parties to acquaint them with the provisions of this chapter governing conciliation and the means it employs to implement those provisions. It shall endeavor, with their advice, to develop programs of voluntary compliance and enforcement. The Division may issue reports on such conferences as it deems appropriate.
(c) When undertaking their respective duties under this section, the Commission and the Division may consult with state and local officials and other interested parties to learn the extent, if any, to which discriminatory public accommodations practices exist in the State or locality, and whether and how state or local enforcement programs might be utilized to combat such discrimination. The Commission may issue reports on such consultations as it deems appropriate.
68 Del. Laws, c. 311, §  1;  75 Del. Laws, c. 356, §  31;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 46. FAIR HOUSING ACT › § 4611. Subpoenas; giving of evidence.

§ 4611. Subpoenas; giving of evidence.
(a) In general. — The Commission may, in accordance with this subsection, issue subpoenas and order discovery in aid of investigations and hearings under this chapter. Such subpoenas and discovery may be ordered to the same extent and subject to the same limitations as would apply if the subpoenas or discovery were ordered or served in aid of a civil action in the Superior Court.
(b) Witness fees. — Witnesses summoned by a subpoena under this chapter shall be entitled to the same witness and mileage fees as witnesses in proceedings in Superior Court.
(c) Civil enforcement. — Where any person fails or neglects to attend and testify or answer any lawful inquiry or to produce records, documents or other evidence, if it is in such person's power to do so, in obedience to the subpoena or other lawful order under subsection (a) of this section, the Commission may petition the Superior Court in the county where such person resides or conducts business for an order requiring such person to appear before the Commission to produce evidence if so ordered or to give testimony pertaining to the matter under investigation or in question. Any failure to obey such order may be punished by the Court as being in contempt of the Court.
(d) Criminal penalties. — (1) Any person who wilfully fails or neglects to attend and testify or to answer any lawful inquiry or to produce records, documents or other evidence, if it is in such person's power to do so, in obedience to the subpoena or other lawful order under subsection (a) of this section, shall in each instance be fined not more than $2,500, or imprisoned not more than 1 year, or both.
(2) Any person who, with intent thereby to mislead another person in any proceeding under this chapter:
a. Makes or causes to be made any false entry or statement of fact in any report, account, record or other document produced pursuant to subpoena or other lawful order under subsection (a) of this section;
b. Wilfully neglects or fails to make or to cause to be made full, true and correct entries in such reports, accounts, records or other documents; or
c. Wilfully mutilates, alters or by any other means falsifies any documentary evidence; shall in each instance be fined not more than $2,500, or imprisoned not more than 1 year, or both.
6 Del. C. 1953, §§  4609, 4610;  57 Del. Laws, c. 32, §  1;  68 Del. Laws, c. 311, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 46. FAIR HOUSING ACT › § 4615. Fees, costs and expenses for respondent or defendant.

§ 4615. Fees, costs and expenses for respondent or defendant.
In any action, pleading or motion under this chapter, the Administrative Hearing Office, Panel or court hearing or reviewing the matter, may in its discretion, award attorneys' fees, costs and expenses to the respondent or defendant if an action was brought for an improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation.
68 Del. Laws, c. 311, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 46. FAIR HOUSING ACT › § 4616. Rules to implement chapter.

§ 4616. Rules to implement chapter.
The Commission may make rules and regulations (including rules for the collection, maintenance and analysis of appropriate data) to carry out this chapter. The Commission shall give public notice and opportunity for comment with respect to all rules and regulations made under this section in accordance with the Administrative Procedures Act [§ 10101 et seq. of Title 29].
6 Del. C. 1953, §  4607;  57 Del. Laws, c. 32, §  1;  68 Del. Laws, c. 311, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 46. FAIR HOUSING ACT › § 4617. Effect on other laws.

§ 4617. Effect on other laws.
Nothing in this chapter shall be construed to invalidate or limit any law of the State or any political subdivision thereof that grants, guarantees or protects the same rights as are granted by this chapter, but any law of the State or any political subdivision thereof that purports to require or permit any action that would be a discriminatory housing practice under this chapter shall to that extent be invalid.
68 Del. Laws, c. 311, §  1;
2023 Delaware Code › Title 6 - Commerce and Trade › Chapter 46. FAIR HOUSING ACT › § 4618. Interference, coercion or intimidation.

§ 4618. Interference, coercion or intimidation.
It shall be unlawful to coerce, intimidate, threaten or interfere with any person in the exercise or enjoyment of, or on account of that person having exercised or enjoyed, or on account of that person having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by § 4603, § 4604, § 4605 or § 4606 of this title.
68 Del. Laws, c. 311, §  1;