DE SB23

Requires all Delaware local governments to adopt ordinances permitting a minimum of one accessory dwelling unit (ADU) by right on single-family residential lots within one year of the law's effective date.

Allows ADUs in three forms: attached to the primary dwelling, detached, or contained within the primary dwelling, and permits ADUs to be used as rental housing.

Prohibits local governments from requiring additional parking for ADUs meeting specified conditions (proximity to transit, part of existing structures, in historic districts, or on streets with on-street parking availability).

Bans local governments from requiring ADUs to match the primary dwelling's exterior design or materials (except in historic districts), requiring familial relationships between residents, or imposing most impact fees (except water and sewer fees).

Voids and renders unenforceable any deed covenants or homeowners association rules created after June 30, 2027, that prohibit or unreasonably restrict ADU construction on single-family zoned lots.