SUSSEX COUNTY, Del. - A Delaware Senate bill would require counties and larger municipalities to create affordable housing plans as part of their comprehensive plans, as lawmakers look to address a shortage of affordable housing across the state.
Senate Bill 23, also called the Housing for Every Delawarean Act, would apply to all three counties and municipalities with more than 2,000 people. Those local governments would have to develop plans with measurable goals for increasing affordable housing and housing diversity.
Under the bill, those plans would have to show how local governments would work toward making at least 20% of their housing inventory affordable.
The bill defines affordable housing as housing affordable to households making up to 80% of the area median income for rental units and up to 120% of the area median income for homeownership units.
The legislation points to a statewide shortage of nearly 20,000 affordable units for renters making less than 50% of the area median income. It also says the 2023 Delaware State Housing Authority Statewide Housing Needs Assessment found 50% of Delaware renters and 21% of homeowners are cost burdened, meaning rent or mortgage payments take up at least 30% of their gross income.
The bill outlines several ways local governments could increase housing production. Those include allowing more homes per acre, permitting a wider mix of housing types such as townhouses, duplexes, triplexes, multifamily housing and accessory dwelling units, and replacing some discretionary reviews with by-right administrative review for residential projects that meet local zoning rules.
Local governments would also have to consider at least five additional housing-production tools. Those could include density bonuses for developers who include affordable housing, expedited permit reviews, fee reductions, transit-oriented development, and allowing the conversion of vacant commercial, office and retail space into housing.
Some Sussex County residents said the need is clear.
“You can’t afford it. Everything’s gone up,” one resident said.
Whitney Murray, of Sussex County, said high housing costs are making it harder for local workers to live near the communities they serve.
“I think we need to cater more toward the people who keep this place running, which is restaurants, local stores, everything,” Murray said.
Samantha Bone, who moved to Sussex County last year, said finding affordable housing in the area was difficult. She said developers should include affordable options in new projects.
“Having affordable housing units within any development that they built as well,” Bone said. “But it just depends on what the politics are and the situation. And if it’s mandated.”
Senate Bill 23 would also shorten the timeline for counties and municipalities to update zoning maps after adopting or revising a comprehensive plan. Under the bill, local governments would have 12 months instead of 18 months to make those maps consistent with the plan.
For counties, the bill would also expand the legal weight of comprehensive plans. The bill synopsis says the entire county comprehensive plan would have the force of law, meaning future development would have to conform with the plan, not just the land-use map.
Affordable housing plans would have to be reviewed and approved by the Delaware State Housing Authority. The agency would also review local progress each year, with reports published on its website.
Senate Bill 23 is awaiting consideration in the Senate Housing and Land Use Committee.
