State Sen. Russell Huxtable, a Democrat, represents the Sixth Senate District, which includes Milton, Lewes, Rehoboth Beach and Dewey Beach.
As the 2026 legislative session enters its final days, one of the most consequential measures before the General Assembly is “The Housing for Every Delawarean Act” – a critical proposal designed to responsibly spur affordable housing development throughout our State, and in a way that fits each community’s needs.
We know that housing access is one of the biggest barriers facing working families, seniors, and young people looking for a future in Delaware, and the data backs it up, too.
Affordable housing development is not just about building more homes, it’s about planning for the people that make our communities function day in and day out. We already plan for critical infrastructure like schools, roads, and water systems because they are vital for our communities, and housing should be viewed the same way.
The teachers in our schools, the healthcare workers in our hospitals and clinics, and countless others support the communities throughout our State. It is only fair that we create opportunities for them to live in the communities they serve.
Many residents are concerned that their communities are becoming overdeveloped. But that’s why this legislation is important, because it will equip local governments to meet the needs of today and plan for smart growth in a way that fits their respective communities.
When workers cannot afford to live near their jobs, they face longer commutes, creating traffic congestion, added infrastructure costs, and sprawl. Creating housing that is affordable and accessible for local workers will strengthen community connection and help sustain the services we all rely on. This is not just a benefit for those seeking housing, it helps all of our neighbors throughout the State.
Unfortunately, there have been several misconceptions about The Housing for Every Delawarean Act, or Senate Substitution 2 for Senate Bill 23, that have permeated throughout communities in our State.
During the work of the Affordable Housing Production Task Force, which I had the honor of co-chairing, we brought together partners from all sectors, including representation on behalf of our local governments.
The task force unanimously concluded that intentional, modernized local zoning reform is essential to increasing housing supply and diversity throughout Delaware. And that’s what this bill encourages.
Allow me to address some of these misconceptions.
“SS 2 for SB 23 is a State mandate that erodes local control.”
This is not a mandate to build affordable housing. Rather, it gives jurisdictions the flexibility in their affordable housing plan to push toward a strategic goal of having 20% of their housing stock be affordable. We know each jurisdiction is different, so this will urge localities to use their zoning authority to plan in a way that is consistent with their respective community’s unique characteristics.
Under this bill, local governments will still write their own comprehensive and affordable housing plans, adopt their own zoning changes, and determine what works best for their communities. This bill simply states that every community must make a concerted effort to address housing supply and affordability.
Our State already requires local governments to plan for housing development during the creation of their respective comprehensive plans. However, oftentimes, these plans – while appreciated – don’t actually translate into houses being built, specifically, affordable ones.
That’s where SB 23 comes in. It expands on the existing framework in Delaware to increase housing supply and affordability, but it provides flexibility so that local governments can decide how they get there.
This legislation is not an attack on local control. It simply calls on jurisdictions to be an active partner to incorporate housing solutions that meet the specific needs of their communities.
Additionally, this bill explicitly exempts jurisdictions from immediately adopting certain Affordable Housing Act requirements until their next 5-year comprehensive plan review, if they are adopting their next comprehensive plan before February 1, 2027. This is important, because many jurisdictions are nearing completion of their current comprehensive plans, and we recognize that effort. We also acknowledge and give credit for efforts to address this pressing issue throughout our State.
Further, SB 23 calls on the Delaware State Housing Authority to publish annual reports detailing each jurisdictions’ progress towards meeting the goals outlined in their affordable housing plans.
Beginning in 2028, the reports will be published online, allowing the State to highlight outcomes and share the results with jurisdictions. From there, localities learn from one another to adapt successful strategies that may help address the unique needs of their communities – reiterating our intent for collaboration, and for counties and municipalities to use these tools to their advantage.
“This legislation erodes public transparency by eliminating a requirement for public hearings and engagement for rezoning applications and all residential and mixed-use developments.”
SB 23 does not eliminate public hearings. Instead, it intentionally gives the authority to hold public hearings into the hands of each locality.
The legislation clearly states that local governments retain their authority to hold public meetings on by-right applications if they wish to. By-right applications are projects invited to be developed and are exactly what the local jurisdiction wants, where it wants, and how it wants it, without conditions, variances, or revisions.
It’s exactly what they asked for through their zoning designations, and local jurisdictions can still hold a public meeting to address concerns, creating a collaborative process instead of the oftentimes combative process we currently mandate through the existing system. Let’s work together rather than fight.
It is paramount to recognize that, when developing comprehensive plans, our State already requires that jurisdictions have extensive deliberation, that local governments hold public hearings on the proposals, and that they make a concerted effort to have communities participate during the process. This bill does not change that. This legislation simply requests that local governments take into consideration affordable housing development as part of that process.
At a time when housing access is one of the biggest challenges facing our State, we must reduce duplication when a project complies with zoning rules under a comprehensive plan and give localities the tools to plan for smart growth, and the needs of today and the future.
