Delaware 153rd General Assembly Status: In Committee 1 D cosponsors

SB 149 — Low-Income Housing Tax Credit/Framework

Last action — Out of Committee

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill is in committee in the Senate. Introduced May 21, 2025. It must pass committee before a floor vote.

Next likely step: a committee vote, then a floor vote in the Senate.

Odds of enactment

Low chance

Based on the sponsor, cosponsors, and committee posture, this bill has a low chance of becoming law.

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A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Stalled 16% · moderate confidence

  • In Committee

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Summary

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.

Bill Text

We don't have the full text on file for this bill yet.

Read SB 149 on the official Delaware source →

Action History

  1. Out of Committee

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 61 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (61)

61 members have not signed on to this bill.

Show all 61 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

taxation housing
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 149 do?
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.
Who sponsors SB 149?
SB 149 is sponsored by Russell Huxtable (Democratic).
What is the current status of SB 149?
This bill is in committee in the Senate. Introduced May 21, 2025. It must pass committee before a floor vote.
Where can I track SB 149?
Track SB 149 free on One Click Politics — get push/email alerts when it moves.

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