DIRECTING THE DELAWARE STATE HOUSING AUTHORITY TO CREATE A PILOT PROGRAM TO PROVIDE TECHNICAL ASSISTANCE FOR ZONING REFORM TO PARTICIPATING LOCAL GOVERNMENTS.

Legislation Document

SPONSOR:

Sen. Huxtable & Rep. K. Johnson

Sens. Buckson, Cruce, Hoffner, Sokola; Reps. Gorman, Heffernan, Lambert, Osienski, Yearick

DELAWARE STATE SENATE

153rd GENERAL ASSEMBLY

SENATE JOINT RESOLUTION NO. 8

DIRECTING THE DELAWARE STATE HOUSING AUTHORITY TO CREATE A PILOT PROGRAM TO PROVIDE TECHNICAL ASSISTANCE FOR ZONING REFORM TO PARTICIPATING LOCAL GOVERNMENTS.

WHEREAS, zoning ordinances play a critical role in shaping land use, affordable housing development, infrastructure planning, environmental protection, and economic growth in local governments across this State; and

WHEREAS, many local government zoning codes may not reflect current best practices in urban planning, such as compact, mixed use, and walkable communities, sustainability, housing affordability, or equitable development; and

WHEREAS, modernizing zoning ordinances can support a range of policy goals, including increased affordable housing supply, higher density housing, and smaller units; and

WHEREAS, according to the 2023 Delaware State Housing Authority (“DSHA”) Statewide Housing Needs Assessment, Delaware has a shortage of over 19,000 affordable housing units to meet the needs of renters with incomes of 50% or less of the Area Median Income, or AMI; and

WHEREAS, the 2023 DSHA Statewide Housing Needs Assessment concluded that 50% of Delaware renters and 21% of Delaware homeowners are “cost burdened,” meaning rent or mortgage payments consume 30% or more of a household’s gross income; and

WHEREAS, the Affordable Housing Production Task Force Final Report from April 2025 identified local zoning reform as a key objective, stating that the task force members had “unanimous consensus that changes are needed at the local level to enable more diverse housing types,” and that local zoning ordinances can be barriers to affordable housing development; and

WHEREAS, the April 2025 Affordable Housing Production Task Force Final Report recommended creating a legislative framework to “spur local-level zoning and use reform in order to increase affordable housing production” that includes minimum requirements set by this State that provide local governments with flexibility to adapt frameworks to their jurisdictions; and

WHEREAS, the creation of a pilot program to provide technical assistance to participating local governments to update their zoning ordinances would facilitate effective and equitable zoning reform efforts; and

WHEREAS, zoning reforms facilitated through a technical assistance pilot program could result in zoning reforms that could serve as a model for local governments across this State by identifying best practices; and

WHEREAS, local governments often face resource constraints, including limited staffing, technical expertise, and financial capacity, that hinder their ability to review and update zoning ordinances; and

WHEREAS, enabling local governments to modernize their zoning ordinances supports regional and statewide planning objectives, economic development, community well-being, and increased affordable housing supply.

NOW, THEREFORE:

BE IT RESOLVED by the Senate and the House of Representatives of the 153

rd

General Assembly of the State of Delaware, with the approval of the Governor, that the Delaware State Housing Authority shall create a pilot program providing technical assistance for zoning ordinance reform to participating local governments.

BE IT FURTHER RESOLVED that this pilot program shall support local zoning reforms to expand affordable housing in Delaware by allowing higher-density residential development in commercial or mixed-use zones, promoting diverse housing types, enhancing sustainability and walkability, and applying proven planning practices from other states.

SYNOPSIS

This Joint Resolution directs the Delaware State Housing Authority to create a pilot program for the purpose of providing technical assistance related to zoning ordinance reform to local governments in Delaware. The goal of this pilot program is to help participating local governments identify and implement zoning practices that increase the supply of affordable housing and support goals such as equitable development and economic growth throughout this State. By giving local governments the technical assistance needed to modernize zoning ordinances, this pilot program will help Delaware close its affordable housing gap while allowing local governments the flexibility to adapt best practices to meet their jurisdictional needs. If successful, this pilot program will establish model policies for local government zoning ordinance reforms that can be expanded across this State.

Author: Senator Huxtable