DELAWARE - A Delaware housing bill aimed at increasing affordable housing is moving forward, but not without pushback from local officials who say it could weaken transparency in the development process.
The Delaware Senate passed Senate Substitute 2 for Senate Bill 23, also known as the Housing for Every Delawarean Act, on Thursday, according to Senate Democrats. The bill, sponsored by Sen. Russ Huxtable, would require counties and municipalities with populations greater than 2,000 to include affordable housing plans in their comprehensive plans. Those plans would need to include initiatives tied to a statewide goal of having 20% of all housing units classified as affordable housing.
During a Lewes Mayor and City Council meeting on June 8, some local officials voiced concern that the bill could weaken the public’s role in reviewing development proposals.
“This bill will not create any affordable housing,” said Janelle Cornwell, executive director of the Delaware League of Local Governments. “What this bill does is remove transparency and eliminate public comments from the public process.”
Cornwell said she believes the bill would have a negative effect on how local governments review development proposals.
“To me, this is a severe impact and negative impact to the transparency that every local jurisdiction tries to provide,” Cornwell said. “It reduces that, and it’s eliminating the public process and the public comment for people when we have any type of development coming through.”
Supporters say the bill gives local governments more tools to address Delaware’s housing shortage while allowing each community to create plans that fit its needs.
“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,” Huxtable said in a release. “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.”
According to Senate Democrats, the legislation would allow local governments to consider 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.
The bill also says affordable housing plans must include an approach to modernize zoning requirements, with a focus on allowing more diverse housing types, increasing housing density where appropriate and removing exclusionary barriers.
The latest version of the bill clarifies the conditions under which discretionary reviews of some residential development applications would be replaced with a by-right process, while still allowing local jurisdictions to hold public meetings.
Senate Democrats say the bill also replaces Delaware State Housing Authority approval of all affordable housing plans with a requirement that local jurisdictions work with DSHA to develop those plans. It also allows jurisdictions to implement an alternative strategy to increase and diversify affordable housing that meets their needs.
Rep. Kendra Johnson, the bill’s prime House sponsor, said in a release that affordable housing remains a top priority for Delawareans and that different communities need flexibility in how they respond.
“There is no one way to address this issue, and we need to recognize that,” Johnson said. “What works in Wilmington to increase housing stock may not work in Georgetown.”
The bill is based on work from the Affordable Housing Production Task Force, which was co-chaired by Huxtable, Johnson, DSHA Director Matthew Heckles and former DSHA Director Cynthia Karnai. In its final report, the task force concluded that county and municipal zoning reform would help increase housing supply and housing diversity across Delaware.
Following its passage in the Senate, SS 2 for SB 23 was delivered to the House of Representatives for further consideration.
