FOR IMMEDIATE RELEASE | April 21, 2026
Contact: Joe Edelen (302) 743-7013
DOVER – As Delaware continues to face an affordable housing shortage, Sen. Russ Huxtable and Rep. Kendra Johnson introduced The Housing for Every Delawarean Act on Tuesday – a sweeping proposal requiring counties and municipalities to develop detailed affordable housing plans to guide future development decisions.
The introduction of The Housing for Every Delawarean Act, or Senate Bill 23, comes just over a year after the Affordable Housing Production Task Force – co-chaired by Sen. Huxtable and Rep. Johnson – submitted its final report to the General Assembly and Governor.
“Access to housing is one of the greatest challenges facing Delawareans, and we should use every tool available to make life more affordable for our neighbors. This legislation provides avenues to housing in our state – but it also intentionally strengthens our counties and municipalities by balancing communities, reducing commutes, protecting open space, and providing a boost to local workforces,” said Sen. Huxtable, prime sponsor of Senate Bill 23.
“By calling on our counties and municipalities to plan and zone with intent, to prioritize smart and balanced growth, we can strengthen our communities, improve economic opportunities, and boost our affordable and diverse housing options.”
In the Affordable Housing Production Task Force’s April 2025 final report, the body determined that zoning reform at the county and municipal levels would be key to increasing housing supply and diversity throughout Delaware.
Following the report, Senate Joint Resolution 8 created a pilot program through the Delaware State Housing Authority, and Senate Bill 23 builds off of those initiatives. The pilot allowed counties and municipalities to receive free technical assistance to modernize their zoning codes and land-use policies with the goal to bolster their respective affordable housing stock.
“We know that affordable housing is a top priority for Delawareans – that is why we started the Affordable Housing Production Task Force, and why we spent so much time working with state and local officials, state agencies, housing-focused organizations, homebuilders, and other representatives from the housing sector to figure out how to best tackle this issue,” said Rep. Johnson, prime House sponsor for SB 23 and Chair of the House Housing Committee.
“There is no one way to address this issue, and we need to recognize that. What works in Wilmington to increase housing stock may not work in Georgetown. If we want to ensure that every Delawarean can go to sleep with a roof over their heads, then we need to work collaboratively, with the communities we are serving, and take bold and decisive steps forward. The Housing for Every Delawarean Act does that.”
The Delaware State Housing Authority’s 2023 Statewide Housing Needs Assessment found that 50% of Delaware renters and 21% of homeowners are “cost burdened,” as their rent or mortgage payments make up 30% or more of their households’ gross income. Further, there is an estimated shortage of nearly 20,000 affordable housing units for renters whose incomes are less than 50% of the area median income.
“The Affordable Housing Production Task Force, which Sen. Huxtable and Rep. Johnson helped lead, was clear that local zoning reform is a critical part of the solution to increase housing supply,” said Matthew Heckles, Director of the Delaware State Housing Authority. “This proposed legislation will require local governments to address affordable housing, but give them the flexibility and local determination in how they do so.”
Under Senate Bill 23, New Castle, Kent, and Sussex Counties would be required to develop and include an affordable housing plan within their respective comprehensive plans. It also clarifies that the entire county comprehensive plan carries the force of law, ensuring development is permitted in compliance with the plan.
Senate Bill 23 also requires municipalities with populations greater than 2,000 to develop and incorporate an affordable housing plan in their respective comprehensive plans.
These affordable housing plans must include strategies to increase housing supply and diversity for all income levels, ensure that at least 20% of their housing stock is affordable, provide an inventory of their affordable housing stock, planned efforts for affordable housing development, and a timeline to achieve these objectives.
Counties’ and municipalities’ affordable housing plans must also provide an analysis of existing and projected housing needs that includes population and employment trends, special housing needs, an inventory of land suitable for residential development, and potential barriers to housing development for all income levels.
Within these plans, counties and municipalities are required to include the following elements to increase their supply of diverse housing:
- Increase maximum allowed residential density and the number of homes allowed per acre to support more affordable and diverse housing options.
- Allow a mix of housing types — such as single-family homes, townhouses, duplexes, apartments, and accessory units — without the need for conditional use permits or special exceptions.
- Update zoning rules for minimum lot sizes and setbacks, maximum building height, and dedicated open space requirements if less than 20% of total housing inventory is affordable.
- For development that complies with zoning standards, replace discretionary reviews with a streamlined administrative approval process. Development proposals with variance or conditional uses must still go through a discretionary review.
Counties and municipalities must also include at least 5 optional elements to increase production. This includes the creation of transit-oriented zoning designations and an expedited permit review process, incentives for including affordable housing in residential and mixed-use developments, and amendments to respective land use regulations that further bolster housing availability.
The affordable housing plan must be approved by the Delaware State Housing Authority as part of the comprehensive planning process, which will review counties and municipalities for compliance each year and publish their findings on the authority’s website.
“I am happy to support The Housing for Every Delawarean Act. This bill tackles zoning and land use – one of the most critical housing issues in our state. Delaware has 60 jurisdictions making land use decisions, including what type, how much, and where housing is available. Meanwhile, each week hundreds of families reach out to Housing Alliance Delaware for help because they don’t have a safe, stable place to live,” said Rachel Stucker, executive director of Housing Alliance Delaware.
“It is up to all of us to solve the urgent housing problem, and this bill guarantees that local jurisdictions are part of the solution by requiring them to create land use plans that provide housing options for everyone.”
SB 23 has been assigned to the Senate Housing and Land Use Committee.
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