Delaware 2025-2026 Regular Session

Delaware Senate Bill SB149

Introduced
5/15/25  

Caption

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.

Impact

The bill's passage would significantly modify how LIHTC properties are treated under Delaware law, providing them with financial relief while still contributing to local governance through the annual payment. This creates a balance between helping to fund local services and ensuring that developers can maintain affordable housing offerings. In essence, it retains the revenue flow to local municipalities while also recognizing the benefits of affordable housing initiatives in the state.

Summary

Senate Bill 149 aims to amend Title 9 and Title 14 of the Delaware Code by establishing a framework that allows counties or municipalities to exempt Low-Income Housing Tax Credit (LIHTC) properties from property taxes. Instead of paying conventional property taxes, these properties would make an annual payment equal to 5% of the property's annual revenue, as reported to the Delaware State Housing Authority (DSHA). This legislative effort acknowledges the essential public benefits that LIHTC properties provide in offering affordable housing options.

Sentiment

Overall, the sentiment surrounding SB149 appears to be supportive among housing advocates and local governments that see it as a positive step towards promoting affordable housing. However, there may be concerns amongst opposing factions about the efficacy of shifting from traditional property taxes to a payment-in-lieu system, with debates highlighting the potential implications for local funding and governance.

Contention

Key points of contention may arise around the practical implications of implementing the bill, such as how the new assessment of annual revenue for LIHTC properties will be monitored and enforced. Additionally, discussions may include the effectiveness of the substituted model of payments in lieu of taxes versus traditional taxation methods and how this might affect funding for local services, particularly in school districts that rely on property tax revenues.

Companion Bills

No companion bills found.

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