House passes Housing for Every Delaware Act after floor debate over local control and targets

The Delaware House on June 23 passed Senate Substitute 2 for Senate Bill 23, the Housing for Every Delaware Act, which requires counties and municipalities with populations over 2,000 to include affordable-housing plans in their comprehensive plans with measurable goals and timelines and pursue a set of strategies to increase affordable units.

Sponsor Representative Claire Johnson said the bill responds to a statewide shortage of nearly 20,000 affordable units and aims to move local planning from words to measurable action. "We already require governments to plan for housing," Johnson said. "Too often those plans don't translate into homes being built. This bill helps ensure those plans lead to action." (Representative Johnson)

The substitute requires jurisdictions to adopt at least five strategies from an 11-item menu — options include density bonuses, transit-oriented development and fee reductions or waivers for affordable projects — and directs DSHA and the Office of State Planning Coordination to publish annual reports beginning in 2028 tracking jurisdictions' progress.

During floor questions, members pressed sponsors and a land-use witness, John Horner, on how the bill preserves local control. Horner, president of the Homeowners Association of Delaware and a land-use attorney, said comprehensive plans remain locally made and that the bill asks only that zoning align with those plans so infrastructure investments are effective. "The bill is just saying that your zoning needs to align with your comprehensive plan so that if you say you want high-density residential, you actually zone for it," Horner said. (John Horner)

Opponents said implementation and enforcement details matter. Representative Yurek asked whether jurisdictions mid-process would be forced to redo work; Horner and the sponsor said jurisdictions already far along are exempted and that progress is expected over planning cycles. The bill does not mandate exact unit counts by date; rather, it requires "meaningful and measurable progress" toward the 20% target, the sponsor said. (Representative Johnson)

The House completed a roll-call vote after debate and approved the substitute. The bill's reporting provisions and the involvement of DSHA were cited as safeguards to track local progress without stripping municipalities of planning authority.

The measure now returns to the Senate for any further action required under the legislative process. The House debate included extended questioning from members about rezoning mechanics, public hearing requirements and whether the bill creates incentives or penalties tied to state infrastructure funding.