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Delaware · 153rd General Assembly (2025-2026) · Bill

SB 149: AN ACT TO AMEND TITLE 9 AND TITLE 14 OF THE DELAWARE CODE RELATING TO PAYMENTS IN LIEU OF TAXES FOR LOW-INCOME HOUSING TAX CREDIT PROPERTIES.

In committee Official data

  1. Introduced
  2. In committee
  3. Passed one chamber
  4. Passed both chambers
  5. Enacted

Last official action: ·Record last updated:

Plain-language summary

SB 149 is a bill introduced in the Delaware Senate on May 15, 2025. According to its official title, it concerns: AN ACT TO AMEND TITLE 9 AND TITLE 14 OF THE DELAWARE CODE RELATING TO PAYMENTS IN LIEU OF TAXES FOR LOW-INCOME HOUSING TAX CREDIT PROPERTIES. Primary sponsor: Russ Huxtable (Democratic), Tizzy Lockman (Democratic), Kendra Johnson (Democratic). It lists 9 additional sponsors. Most recent recorded action (May 21, 2025): Reported Out of Committee (Housing & Land Use) in Senate with 3 Favorable, 3 On Its Merits.

Generated automatically from the official title, sponsor list, and status record only. It does not characterize the bill’s purpose or effects. How summaries are written

Official summary

Abstract published by the legislature (via Open States). Text as published by the legislature; reproduced verbatim.

This Act creates a uniform framework under which a county or municipality may enact an ordinance that exempts Low-Income Housing Tax Credit (LIHTC) properties from property taxes and instead, require that a LIHTC property make an annual payment in lieu of taxes equal to 5% of the LIHTC’s annual net income as reported to the Delaware State Housing Authority (DSHA). Under this Act, a LIHTC property that is exempt from property taxes is also exempt from taxation by school districts. Allowing LIHTC properties to make a payment in lieu of taxes, acknowledges the public benefit of the affordable housing provided by LIHTC properties. The Internal Revenue Service LIHTC was created in 1986 by the federal government to encourage a private/public investment to preserve and construct new affordable rental housing. Alone and in combination with tax exempt private activity bonds, the LIHTC has been the most productive source of affordable housing financing in the nation’s history. DSHA receives an annual tax credit amount and awards credits annually through a competitive process. The awards are based on criteria outlined in DSHA’s Qualified Allocation Plan. The equity raised through the tax credit investment makes it possible for developers to attract the financing needed to create or restore low-income rental housing. A LIHTC project must comply with a number of requirements including the timeframe from the award to when the building is placed in service, tenant income restrictions, maximum rent levels, and percentage of low-income occupancy. All buildings financed with the LIHTC are subject to a land use covenant to enforce program compliance for the entirety of the affordability period.

Sponsors

Sponsors by party (alphabetical): Democratic 11 · Republican 1

NameRolePartyChamberDistrict
Russ HuxtablePrimary sponsorDemocraticSenate6
Tizzy LockmanPrimary sponsorDemocraticSenate3
Kendra JohnsonPrimary sponsorDemocraticHouse5
Frank BurnsCo-sponsorDemocraticHouse21
Nnamdi ChukwuochaCo-sponsorDemocraticHouse1
Dan CruceCo-sponsorDemocraticSenate1
Jeff HilovskyCo-sponsorRepublicanHouse4
Kyra HoffnerCo-sponsorDemocraticSenate14
Larry LambertCo-sponsorDemocraticHouse7
Claire Snyder-HallCo-sponsorDemocraticHouse14
Dave SokolaCo-sponsorDemocraticSenate8
Jack WalshCo-sponsorDemocraticSenate9

“Support” is shown only as formal sponsorship recorded by the legislature. Roll-call votes are available on the official bill page.

Recent official actions

  1. Reported Out of Committee (Housing & Land Use) in Senate with 3 Favorable, 3 On Its Merits
  2. Introduced and Assigned to Housing & Land Use Committee in Senate

Sources

  1. Open States / Plural (data from the official legislature website)
  2. Official legislature source