CHAPTER 330

FORMERLY

HOUSE BILL NO. 848

AN ACT TO AMEND CHAPTER 30 OF TITLE 31 AND CHAPTER 46 OF TITLE 6 OF THE DELAWARE CODE RELATING TO THE PROHIBITION OF DISCRIMINATION AGAINST THE HANDICAPPED IN HOUSING, WITH RECOURSE TO THE STATE HUMAN RELATIONS COMMISSION.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Section 3004, Chapter 30, Title 31 of the Delaware Code by striking subsection (1) in its entirety, and substituting in lieu thereof the following:

"(1) Act as conciliator in matters involving race, age, marital status, color, sex, handicap, creed, national origin or ancestry."

Section 2. Amend Section 4601, Chapter 46, Title 6 of the Delaware Code by adding thereto a new subsection to be designated (7) and to read as follows:

"(7) 'Handicap' means, with respect to a person, (a) a physical or mental Impairment which substantially limits one or more of such person's major life activities, (b) a record of having such an impairment, or (e) being regarded as having such an impairment."

Section 3. Amend Section 4602, Chapter 46, Title 6 of the Delaware Code by inserting in the first sentence after the words "...race, age, marital status, creed, color, sex," the following word and punctuation "handicap,".

Section 4. Amend Section 4603, Chapter 46, Title 6 of the Delaware Code by inserting after the words "...because of race, age, marital status, creed, color, sex," the following word and punctuation "handicap,".

Section 5. Amend subsections (4) and (6) of Section 4603, Chapter 46, Title 6 of the Delaware Code by inserting after the words "...race, age, marital status, creed, color, sex," the following word and punctuation "handicap,".

Section 6. Amend Section 4604, Chapter 46, Title 6 of the Delaware Code by adding thereto a new subsection to be designated (e) and to read as follows:

(e) The provisions of this chapter as to discrimination based upon handicap shall not require any person to modify the features or structure of a dwelling unless otherwise required by law or the following conditions are met:

(1) a minor modification of the dwelling is requested by a tenant or prospective tenant and the tenant or prospective tenant bears the expense of the modification;

(2) if requested by the landlord or owner, the tenant agrees in writing prior to the modifications to return the dwelling to its original state prior to vacating the dwelling.

Approved July 8, 1980.