FOR IMMEDIATE RELEASE | June 11, 2026
Contact: Joe Edelen (302) 743-7013
DOVER – In an effort to provide local governments with tools to bolster their respective housing stocks, the Senate passed The Housing for Every Delawarean Act, sponsored by Senator Russ Huxtable, on Thursday.
The Housing for Every Delawarean Act, or Senate Substitution 2 for Senate Bill 23, would build upon the existing statewide framework to increase housing supply while giving local governments the flexibility to develop affordable housing plans that fit the unique needs of their communities.
“Too many of our neighbors are struggling with housing affordability, and the Housing for Every Delawarean Act will ensure that housing development will proceed responsibly focused on smart growth. Lawmakers at every level of government must come together to address housing insecurity – but with Senate Bill 23, we’re enabling counties and municipalities to do what works best for each community. ” said Senator Russ Huxtable. “This legislation is rooted in empowering local governments to use the necessary strategies and their zoning authority to create balanced communities, which will boost our efforts to help Delawareans access adequate, affordable housing.”
Preliminary results from the Delaware State Housing Authority and University of Delaware’s Housing Affordability & Supply Survey showed that 73% of respondents believe their communities have not invested enough in affordable housing.
Further, 67% of respondents believe that housing should be a high priority for State government, while 90% support requiring local governments to use clear and objective criteria when evaluating housing projects.
Under SS 2 for SB 23, counties and municipalities with populations greater than 2,000 must include an affordable housing plan within their respective comprehensive plans. These affordable housing plans must include initiatives that will contribute toward the strategic goal of having 20% of all housing units as affordable housing.
The legislation provides counties and municipalities with several options to increase their respective housing stock for inclusion in their affordable housing plans. This includes allowing jurisdictions to choose to incorporate density incentives for affordable housing units in residential and mixed-use developments, transit-oriented development zoning designations, an expedited permitting review process, and fee waivers for residential development that includes affordable housing.
These affordable housing plans must also include an approach to modernize zoning requirements, with a focus on allowing for diverse housing types, increasing housing density where appropriate, and removing exclusionary barriers that prevent smart growth.
SS 2 for SB 23 differs from its previous iteration in several ways, including:
- Clarifying the conditions under which discretionary reviews of residential development applications are replaced with a by-right process, while still allowing local jurisdictions to hold public meetings.
- Replacing Delaware State Housing Authority (DSHA) approval of all affordable housing plans with a collaborative requirement that local jurisdictions work with DSHA to develop plans.
- Adding an option to allow jurisdictions to implement an alternative strategy to increase and diversify affordable housing that meets their needs.
- Specifying that jurisdictions that adopt their next comprehensive plan before February 1, 2027 are exempt from certain Affordable Housing Act requirements until their next 5-year plan review.
- Allow efforts made from the date of the Affordable Housing Production Task Force to be included as efforts to satisfy the elements of the housing plan.
SS 2 for SB 23 is a culmination of work by the Affordable Housing Production Task Force, which was co-chaired by Senator Huxtable, Rep. Kendra Johnson, DSHA Director Matthew Heckles, and former Director Cynthia Karnai. In its final report, the task force concluded that county and municipal zoning reform would lead the way toward increasing housing supply and diversity throughout Delaware.
“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.”
Following its passage in the Senate, SS 2 for SB 23 has been delivered to the House of Representatives for further consideration.
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