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DelawareSB 23153rd General Assembly (2024–2026)SenateWALLET

AN ACT TO AMEND TITLE 9, TITLE 22, AND TITLE 29 OF THE DELAWARE CODE RELATING TO HOUSING SUPPLY AND HOUSING AFFORDABILITY.

Sponsored By: Russell Huxtable (Democratic)

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 2 benefits, 1 costs, 1 mixed.

Local housing rules must ease building

Affordable housing plans must increase allowed density, allow specified housing types without special permits, and provide administrative approval for compliant residential projects. Where affordable homes make up less than 20% of housing, plans must also call for changes to building-size rules. Jurisdictions above 10,000 people must identify at least one suitable residential zone allowing shelters, group homes, recovery homes, or supportive housing without discretionary permits. Plans must select at least 5 of 10 housing strategies, with options including density bonuses, denser transit-area housing, faster permits, fee relief, more housing types, commercial conversions, and multifamily zoning. Required housing-related zoning changes must take effect within 12 months after comprehensive-plan certification, and the State Housing Authority must provide implementation help when requested.

Local plans must target affordable homes

Counties and covered municipalities with more than 2,000 people must develop affordable housing plans through an open, inclusive process. Plans must set measurable goals aimed at making at least 20% of local homes affordable and offering more housing types. For this framework, affordable rentals serve households earning up to 80% of area median income; ownership housing serves households earning up to 120%. Federal housing officials set that income measure each year by household size and location; these thresholds do not guarantee housing or subsidies. Plans must assess housing needs, barriers, suitable land, fair housing, special-needs groups, available funding, funding gaps, and timelines; county plans also need policy recommendations and timelines. The State Housing Authority Director must approve the initial housing plan alongside comprehensive-plan approval, giving it the force of law.

Binding plans guide local building rights

County comprehensive plans have the force of law: development must follow their land-use maps and applicable land-development rules. The State must review and certify municipal and county plans. Sussex County and municipalities with zoning authority must update zoning to match their plans within 12 months after adoption or revision. These zoning updates satisfy separate hearing and notice requirements only when a public hearing occurred during plan adoption or revision. When the Governor requests changes, the county or municipality must return its revised plan within 20 days of receiving the request.

State aid depends on local plans

Delaware is not required to fund or provide infrastructure for affected county or municipal land-use and development actions. This applies when an adopted plan, or part of it, is found substantially inconsistent with state development policies. Those policies include affordable housing. This rule does not impose a new fee on residents.

Sponsors & Cosponsors

Sponsor

  • Russell Huxtable

    Democratic • Senate

Cosponsors

  • Alonna Berry

    Democratic • House

  • Kendra Johnson

    Democratic • House

  • S. Elizabeth Lockman

    Democratic • Senate

  • Eric Morrison

    Democratic • House

  • Cyndie Romer

    Democratic • House

  • David P. Sokola

    Democratic • Senate

  • Bryan Townsend

    Democratic • Senate

Roll Call Votes

No roll call votes available for this bill.

Actions Timeline

  1. SS 2 for SB 23 - Signed by Governor

    7/13/2026Governor

  2. SS 2 for SB 23 - Passed By House. Votes: 29 YES 11 NO 1 NOT VOTING

    6/23/2026House

  3. SS 2 for SB 23 - Reported Out of Committee (Housing) in House with 3 Favorable, 5 On Its Merits

    6/16/2026House

  4. SS 2 for SB 23 - Assigned to Housing Committee in House

    6/11/2026House

  5. SS 2 for SB 23 - Passed By Senate. Votes: 14 YES 6 NO 1 ABSENT

    6/11/2026Senate

  6. Substituted in Senate by SS 2 for SB 23

    6/8/2026Senate

  7. SS 1 for SB 23 - Reported Out of Committee (Housing & Land Use) in Senate with 4 Favorable, 1 On Its Merits

    5/13/2026Senate

  8. Substituted in Senate by SS 1 for SB 23

    5/11/2026Senate

  9. Introduced and Assigned to Housing & Land Use Committee in Senate

    4/21/2026Senate

Bill Text

  • Current

    4/21/2026

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