| I. Plaintiffs
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| A. Aggrieved person |
| 1. Defined in §4602(2) |
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a. "Aggrieved person" includes any person who |
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(1) Claims to have been injured, directly or
indirectly , by a discriminatory housing practice; |
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(2) Believes that such person will be
injured, directly or indirectly, by a housing practice that is about to
occur; or |
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(3) Is associated with a person having a
protected status under this chapter and claims to have been injured,
directly or indirectly, as a result of a discriminatory housing practice
against such person having the protected status. |
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(4) Definition of protected status - |
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--race |
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--color |
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--national origin |
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--religion |
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--creed |
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--sex |
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--marital status |
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--familial status |
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--age |
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--handicap |
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(Delaware not federal) |
| 2. Options - Administrative
proceedings or Direct Civil Action. |
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a. Complaint filed with the Division of Human
Relations (administrative remedy)-§4610 |
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(1) No fault settlement option |
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(2) Fact finding |
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(3) Conciliation - confidentiality
§4610(d)(1) |
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(4) Final Investigative Report available to
both parties §4610 (d)(2) |
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(5) Choice of Administrative Hearing (Panel)
or Civil Action (Court) by either party after charge is issued by the
Division §4612 |
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(6) One year to file |
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b. Direct Civil Action - §4613 |
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(1) no duty to exhaust administrative
remedies above |
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(2) Attorney General can intervene |
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(3) Two years to file excluding any time
administrative proceedings pending |
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|
| B. Commission ex rel.
Aggrieved person - Election of Civil Action after a charge is issued
by Division of Human Relations. |
| 1. Commission is the Plaintiff;
aggrieved party is the ‘Relator’ |
| 2. Commission is represented by
DAG |
| 3. Court of Chancery or Superior
Court? - Remedy is overriding factor |
| 4. Aggrieved person has a right
to intervene §4612(n)(4) |
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| C. State Human Relations
Commission- |
| 1. The Commission can file a
complaint §4610(a)(1)a.1. |
| 2. A preliminary investigation is
authorized under 4610(a)(1)a.3 |
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| D. Attorney General- |
| 1. Pattern and practice OR
General public importance -§4614 |
| 2. Zoning §4610(f)(2)c. |
| 3. Enforcement of Conciliation
Agreement §4614(b)(2)a. |
| 4. ‘Prompt judicial action’
(preliminary injunction) §4610(e) |
| See State v. Messick
1998 WL 671279 (Del. Ch.) - not if there is an adequate remedy at law
(summary possession) |
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| II. Remedies
based on Forum |
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| A. Court of Chancery §4614(d) |
| 1. Injunctive relief |
| 2. Attorney fees, expenses and
costs to prevailing party |
| 3. Monetary relief to aggrieved
person (actual damages include emotional injury) |
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| B. Superior Court |
| 1. Civil Penalty to vindicate the
public interest (up to $50,000 first violation and up to $100,000 for
subsequent violation) |
| 2. Attorney fees, expenses and
costs to prevailing party |
| 3. Monetary relief to aggrieved
person (actual damages include emotional injury) |
| 4. Punitive damages §4612(n)(5)
and §4613 |
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| C. Justice of the Peace Court |
| 1. 25 Del. C. §5116 and §5313 -
Landlord Tenant |
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a. Expenses for substitute housing |
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b. Possession |
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c. Treble damages for unlawful ouster or 3
times rent during period of exclusion |
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d. Costs NOT attorney fees |
| 2. Unlike Title 6, the Landlord
Tenant Code prohibits discrimination based on occupation |
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| D. State Human Relations
Commission - administrative remedy (Analogous to HUD ex rel.
Aggrieved person before Administrative Law Judge under the federal Fair
Housing Statute 42 U.S.C.§ 3612) §4612(g)(3) |
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1. Actual damages |
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2. Cost, expenses, attorney fees |
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3. Injunctive relief |
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4. A civil penalty to vindicate the public
interest |
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a. up to $10,000 first time |
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b. up to $25,000 next time within five years
of charge |
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c. up to $50,000 if two or more time within
seven years of charge |
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d. time periods don’t count if it is the same
natural person |
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| E. Federal District Court -
Complaints under the federal Fair Housing Act 42 U.S.C. Chapter 36 |
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1. Filed by aggrieved person or U.S. Attorney
- not State agency |
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2. Injunctive relief |
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3. Actual and punitive damages |
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4. Attorney’s fees and costs to prevailing
party |
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5. In an action brought by the U.S. Attorney
- civil penalties to vindicate the public interest (up to $50,000 first
time and up to $100,000 subsequent violation) |
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| III. Theories |
| A. Disparate treatment |
| B. Disparate impact - statistical
evidence |
| C. Proof - direct or
circumstantial |