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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.

153rd General Assembly (2025-2026) Introduced by Russ Huxtable and 8 co-sponsors

SB 149 restructures tax payment obligations for Delaware's low-income housing tax credit properties, affecting municipal revenues and affordable housing development economics.

Reported Out of Committee (Housing & Land Use) in Senate with 3 Favorable, 3 On Its Merits
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Bill Summary · SB 149

Legislative bill overview

SB 149 amends Delaware tax law to modify payments in lieu of taxes (PILOT) for properties receiving Low-Income Housing Tax Credits (LIHTC). The bill adjusts how these affordable housing developments are taxed or exempted from taxation, likely creating a new framework for their financial obligations to municipalities.

Why is this important

Low-income housing tax credit properties are critical affordable housing infrastructure, and their tax treatment directly impacts both municipal revenues and housing affordability economics. Changes to PILOT arrangements affect whether local governments receive adequate funding for services while keeping affordable units financially viable—a delicate balance affecting thousands of residents in Delaware.

Potential points of contention

  • Municipal revenue impact: Local governments may gain or lose tax revenue depending on PILOT structure changes, affecting schools, services, and budgets
  • Housing affordability sustainability: Reduced tax burdens could help developers maintain affordability commitments, but may shift costs to other taxpayers
  • Implementation complexity: Amended Title 9 (tax) and Title 14 (housing) changes create coordination challenges for state and local administrators

Compiled from official sources — confirm details with the bill’s official record.

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