DOVER – Delawareans experiencing homelessness would receive increased protection from discrimination under two bills passed by the House on Thursday.
Sponsored by Rep. Sophie Phillips and Sen. Kyra Hoffner, House Bill 439 and HB 440 would add housing status as a protected characteristic to the state’s fair housing laws and fair employment laws, effectively prohibiting the discrimination of individuals who are experiencing homelessness in those sectors.
According to Housing Alliance Delaware’s 2024 Point-In-Time Count, approximately 1,358 people are experiencing homelessness in the First State. More than one in four of those experiencing homelessness are children.
This represents a 9% increase in homelessness from 2023, and is the highest count on record excluding COVID years.
“We are in a crisis, and it’s time to act. Reducing homelessness requires that we remove barriers for those actively experiencing homelessness as they seek housing, employment, and other services,” said Rep. Sophie Phillips.
“Our unhoused population is made up of good, hardworking individuals who are trying their best to get out of an unfortunate and scary situation. These bills will prohibit discrimination against someone in housing and hiring simply because they are experiencing homelessness, and will help our unhoused neighbors get roofs over their heads.”
HB 439 would help ensure that all individuals have equal opportunities in the housing market by banning discrimination based on someone’s housing status.
Delaware’s fair housing laws prohibit discrimination in the sale or renting of housing based on characteristics such as race, religion, source of income, marital status, gender identity, and sexual orientation. The law also creates an administrative process to resolve allegations of discrimination.
HB 439 would extend these protections to include housing status, which is defined as an individual, family, or youth’s current overnight residence regardless of permanence or habitability.
An amendment to the bill clarifies that other qualification determinants such as income, payment history, and employment status may still be considered.
“People experiencing homelessness deserve to be treated with dignity. They deserve leaders willing to help them find housing and employment. And they deserve laws that recognize their humanity and will help to protect them from discrimination,” said Sen. Kyra Hoffner, the Senate prime sponsor of HB 439 and HB 440.
“I want to thank Rep. Sophie Phillips for working with me to advance legislation that will help to do all those things, and I want to thank my colleagues in the House for voting today to support our work. While we still have a lot of work to do, these bills represent real progress and I look forward to passing this legislation in the Senate this month.”
Similar to HB 439, HB 440 would prohibit discrimination based on an individual’s housing status in employment and professional activities by updating the state’s fair employment laws.
These laws are designed to protect individuals from discrimination in various aspects of employment, including hiring, termination, promotion, compensation, job training, and any other terms, conditions, or privileges of employment, based on characteristics such as sex, race, color, national origin, and religion.
HB 440 would extend these protections to include housing status.
Both measures now head to the Senate for consideration.
