Illinois General Assembly - Full Text of HB1813

LRB104 09142 RTM 19198 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB1813

Introduced 1/28/2025, by Rep. Robert "Bob" Rita

SYNOPSIS AS INTRODUCED:

65 ILCS 5/11-13-30 new

Amends the Control Over Building and Construction Article of the Illinois Municipal Code. Provides that a municipality may not prohibit the building or usage of accessory dwelling units in the municipality. Provides that a municipality may provide reasonable regulations relating to the size and location of accessory dwelling units similar to other accessory structures unless a regulation would have the effect of prohibiting accessory dwelling units. Limits home rule powers. Defines terms.

A BILL FOR

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be referred to as the Accessory Dwelling Unit Permissibility Act.

Section 5. The Illinois Municipal Code is amended by adding Section 11-13-30 as follows:

(65 ILCS 5/11-13-30 new)

Sec. 11-13-30. Accessory dwelling units.

(a) As used in this Section:

"Accessory dwelling unit" means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence and includes permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling upon which it is or will be situated. "Accessory dwelling unit" includes, but is not limited to:

(1) an efficiency unit;

(2) a manufactured home, as that term is defined in paragraph (53) of subsection (a) of Section 9-102 of the Uniform Commercial Code;

"Efficiency unit" means a unit for occupancy by no more than 2 persons that has a minimum floor area of 150 square feet and may also have a partial kitchen or bathroom facilities.

(b) A municipality may not prohibit the building or usage of accessory dwelling units in the municipality.

(c) A municipality may provide reasonable regulations relating to the size and location of accessory dwelling units similar to other accessory structures unless a regulation would have the effect of prohibiting accessory dwelling units.

(d) A home rule unit may not regulate accessory dwelling units in a manner inconsistent with this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.