DE SB87

Requires all local governments in Delaware to adopt ordinances within one year allowing at least one accessory dwelling unit (ADU) "by right" on any lot containing a single-family dwelling, without requiring public hearings, variances, or conditional use permits

Permits ADUs that are attached to, detached from, or contained within single-family dwellings, and explicitly allows ADUs to be used as rental housing

Voids and makes unenforceable any deed covenants, HOA restrictions, or rules created or taking effect after June 30, 2027 that prohibit or unreasonably restrict ADU construction on single-family residential lots

Addresses Delaware's housing shortage, citing a 2023 Housing Needs Assessment finding the state is over 19,000 affordable units short of demand

Requires a two-thirds vote for passage as it may indirectly affect municipal charters