At a workshop held on June 9, Kent County Levy Court voted unanimously to issue a proclamation to the State of Delaware that they adamantly oppose the passage of HB23. The legislation is designed to address the housing crisis that exists in Delaware.
“In summary, HB23 would establish a goal for each local jurisdiction to make meaningful and measurable progress toward having 20 percent of all housing units qualify as affordable housing,” a memorandum from Sarah E. Keifer, Director of Planning Services, read. “It would require counties to rezone land in accordance with the future land use element of the comprehensive plan within 12 months after adoption of the plan or plan revision.”
The memo continued that if the rezoning does not occur, property owners have added protections should a plan substantially fit the future rezoning. A public hearing held during the adoption of the comprehensive plan would be considered a public hearing for the future land use designation.
“It would require each local jurisdiction with a population greater than 2,000 to include affordable housing plans in its comprehensive plan in collaboration with Delaware State Housing Authority,” the memo continued. “These plans should contain increases in residential density, authorization of mixed housing types and a revision of bulk standards, including lot size, maximum lot coverage, maximum building requirements and dedicated open space.”
The memo also stated that jurisdictions would be required to offer density bonuses, transit-oriented zoning, expedited or accelerated review for developments that include affordable housing and other factors that often impede the construction of affordable housing units. The federal government establishes that affordable housing is housing that is 30 percent of less than someone’s annual income. The per capita income in Kent County is $36,191, which means a household earning that income could purchase a home costing $130,000 to $150,000. An affordable rent at that income would be $905 per month.
“I think we are situated better than the other counties,” Keiffer said, when a commissioner pointed out there are a lot of mobile homes in the county that could be considered affordable housing. “There is a fair amount of older housing stock. We’re not in the position of Sussex County where the eastern part of the county is outrageously expensive. They have a real challenge and have lower housing stock overall. We haven’t been growing as fast as anyone else.”
The fact is that the average cost of a home in Kent County is $342,000, more than double what the per capita income can afford. The average rent is $1,600 to $1,900 per month, also double what the average Kent County resident can afford. In 2025, a count of those using shelters in Kent County showed almost 300 homeless individuals. That number is significantly low as it is difficult to count those who do not use shelters.
“The whole idea is exactly what we talked about a year and a half ago,” Keiffer said. “You start removing barriers to housing and allow a diversity of housing types, and the market will start to fill those. Remove demands, let the market work right. Since we allowed duplexes in the growth zone, we have seen two projects that have used sizes and one project that’s using duplexes.”
The Delaware Housing Authority offered free assistance to municipalities as well as all three counties to assist with addressing the affordable housing crisis. Kent County declined the assistance.
“My objective to that was stop bothering me with homework,” Keiffer said. “I already have to do this with state planning, so ultimately the housing authority and the state planning are just going to have to combine their reporting. We already have to do the reporting at 12 months. We’re not going to do that. What the operational piece of the legislation is that if an applicant brings you a rezoning request that complies with the plan, you’re obligated to make that zoning change within 12 months. We’re not going to do it.”
Kieffer used the example of someone coming in with a development plan that required a change from RS1 to RS5. If the area was identified in the comp plan as a growth zone, the county would be required to make that change to the zone within 12 months or face litigation. Kieffer pointed out that Sussex County was also against HB23.
Another bill, HB450 focused on growth areas and traffic impact studies. The county chose to stay neutral on that bill. During the regular meeting held after the workshop, Levy Court voted unanimously to oppose HB23 and remain neutral on HB450.
