SB0635sam001 104TH GENERAL ASSEMBLY

Sen. Sara Feigenholtz

Filed: 5/21/2026

10400SB0635sam001 LRB104 06913 TRT 38142 a

AMENDMENT TO SENATE BILL 635

AMENDMENT NO. ______. Amend Senate Bill 635 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Faith-Based Housing and Mixed-Use By-Right Act.

Section 5. Findings and purpose.

(a) The General Assembly finds that:

(1) Illinois faces persistent shortages of housing across income levels, including supportive housing.

(2) Faith-based and religious institutions often own or steward land that can be responsibly developed to meet housing needs.

(3) Discretionary, subjective, or politically contingent land use approvals can create unreasonable barriers to timely housing production.

(b) The purpose of this Act is to establish a uniform statewide, ministerial, by-right entitlement for multifamily and mixed-use housing on qualifying faith-based land, while preserving generally applicable health and safety regulation.

Section 10. Applicability.

(a) Except as provided in subsection (b), this Act applies to all faith-based land within this State.

(b) This Act does not apply to faith-based land that is located within one-quarter mile of:

(1) a heavy industrial use; or

(2) an airport with scheduled commercial service, a public-use seaport, or an active military installation.

(c) A unit of local government bears the burden of demonstrating the applicability of subsection (b) based on substantial evidence in a written determination issued within the periods described in Section 40.

Section 15. Definitions. As used in this Act:

"Affordable housing" has the meaning given to that term in Section 3 of the Illinois Affordable Housing Act.

"By-right" means a use and development that is permitted without any discretionary zoning or land use approval, and that may be approved only through ministerial review for compliance with objective standards and generally applicable codes provided that the developments meet the following affordable housing threshold:

(1) Upon the initial offering of any new housing, developments that provide 5 housing units or more shall provide at least 40% of their total units as affordable housing units available to low-income or very low-income households.

(2) Developments of 4 units or less shall be exempt from affordable housing requirements, in addition to housing that is solely available for employees of or volunteers for a faith-based organization and their spouses and their dependents.

"Discretionary approval" includes, without limitation, a zoning map amendment, planned development, special use, conditional use, variation, special exception, text amendment required solely to enable the use, comprehensive plan amendment, development agreement required solely to enable the use, or any similar discretionary land use classification or entitlement.

"Faith-based land" means real property in this State that is:

(1) owned in fee simple by a faith-based organization; or

(2) held of record in fee by trustees for the use or benefit of a faith-based organization, religious congregation, or religious corporation; or

(3) leased by a faith-based organization under a recorded lease, with a remaining or initial term of not less than 30 years.

"Faith-based organization" means:

(1) a religious corporation;

(2) a religious congregation; and

(3) any nonprofit corporation, not-for-profit corporation, or other nonprofit entity that is tax-exempt under Section 501(c)(3) of the Internal Revenue Code and is controlled by, affiliated with, or acting at the direction of an entity described in paragraph (1) or (2) for religious, charitable, or community-service purposes.

"Generally applicable code" means a building, fire, life-safety, electrical, plumbing, mechanical, energy, accessibility, stormwater, floodplain, health, affordability, or similar code, ordinance, or regulation that:

(1) applies broadly to the jurisdiction or to a zoning district or overlay without regard to the identity of the landowner or the religious status of the property;

(2) is not applied in a manner that imposes requirements on a development authorized by this Act that are more burdensome than those imposed on comparable developments; and

(3) does not include any discretionary approval process, subjective design guideline, or standard whose satisfaction is determined by a board, commission, council, or other discretionary body.

"Gross floor area" or "building gross floor area" means the sum of the gross horizontal area of all floors of all buildings and enclosed structures in a development, measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings, including mezzanines and enclosed porches, and including below-grade or partially below-grade floors, but excluding roof area open to the sky and excluding floor area devoted solely to accessory parking and required loading and the circulation areas serving such parking and loading.

"Group home" means a residential facility providing housing and support services in a community-based environment for individuals requiring assistance due to physical, mental, developmental, or behavioral disabilities.

"Heavy industrial use" means a storage, processing, or manufacturing use:

(1) with processes using flammable or explosive materials in a manner that triggers special hazard occupancy classifications under generally adopted building or fire codes;

(2) involving hazardous conditions regulated under federal or State environmental law; or

(3) that is noxious or offensive from odors, smoke, noise, fumes, or vibrations such that it is commonly separated from residential uses in local zoning practice.

"Low-income household" has the meaning given to that term in Section 3 of the Illinois Affordable Housing Act.

"Ministerial review" means a review limited to confirming compliance with objective standards and generally applicable codes, without discretion to deny, condition, or delay a development based on subjective criteria, public opposition, or policy considerations outside those standards and codes.

"Mixed-use" means use and development of a site consisting of residential and nonresidential uses in which residential uses occupy at least 60% of the total building gross floor area of the development.

"Multifamily" means development of a site for 3 or more dwelling units within one or more buildings, including a residential condominium.

"Objective standard" means a standard that:

(1) is stated in fixed, measurable, or otherwise ascertainable terms in the text of an ordinance, code, or adopted engineering manual;

(2) is capable of being applied and determined without the exercise of personal, subjective, or aesthetic judgment by a public official or body; and

(3) is uniformly applicable to similarly situated development within the jurisdiction.

"Religious corporation" means a corporation formed for religious purposes under the Religious Corporation Act, including a church, congregation, or society incorporated under that Act.

"Religious congregation" means any church, congregation, or society formed for the purposes of religious worship, whether or not incorporated.

"Supportive housing" means residential accommodations combined with on-site or off-site supportive services designed to assist individuals or families in maintaining stable housing and achieving greater independence.

"Trustees" includes trustees, wardens, vestrymen, or other officers performing duties similar to trustees for a religious congregation or religious corporation.

"Very low-income household" has the meaning given to that term in Section 3 of the Illinois Affordable Housing Act.

Section 20. Proof of qualifying status; nondiscrimination.

(a) A faith-based organization may demonstrate qualifying status by submitting any of the following:

(1) a recorded affidavit of incorporation or certified copy thereof for a religious corporation formed under the Religious Corporation Act;

(2) articles of incorporation, an IRS determination letter, or other documentation establishing tax-exempt status under Section 501(c)(3) of the Internal Revenue Code as a religious or charitable organization;

(3) a recorded deed, trust, or other instrument showing ownership or holding of title by trustees for the use or benefit of a religious congregation or religious corporation; or

(4) other objective documentation reasonably sufficient to establish that the applicant is a faith-based organization.

(b) A unit of local government shall not condition approval on the faith-based organization's denomination, theology, mode of worship, or other religious doctrine, and shall apply this Act in a religion-neutral manner.

Section 25. Allowable uses; by-right entitlement.

(a) A unit of local government shall permit the following as allowable by-right uses on faith-based land:

(1) multifamily developments that are not more than 6 stories above grade plane; and

(2) mixed-use developments that are not more than 6 stories above grade plane.

(b) A unit of local government may not require a proposed multifamily or mixed-use development on faith-based land to obtain any discretionary approval in order to:

(1) permit the proposed use and development; or

(2) allow for the minimum development standards and limitations established by this Act.

(c) The by-right entitlement under this Act applies whether or not the faith-based organization continues to operate an existing religious, educational, or community facility on the same parcel or adjacent parcel, and regardless of whether the housing is owned, leased, operated, or developed by the faith-based organization or by a partner acting under agreement with the faith-based organization.

(d) Faith-based land used for developments permitted by this Section does not qualify for the exemption described in Section 15-40 of the Property Tax Code.

Section 30. Prohibited local requirements and constraints. For a multifamily or mixed-use development on faith-based land, a unit of local government may not:

(1) require setbacks in excess of 10 feet from the front of the building, 10 feet from the rear of the building, and 5 feet from the side of the building, except as required to satisfy generally applicable fire access standards or building code light or ventilation requirements;

(2) establish or enforce any minimum off-street parking requirement for dwelling units or nonresidential uses, except as necessary to comply with:

(A) the Americans with Disabilities Act and implementing regulations; or

(B) other federal law that expressly requires minimum parking;

(3) restrict development through maximum or minimum density caps, floor-area ratio, lot coverage, minimum unit size, maximum unit size, maximum number of bedrooms, or any other dimensional or quantitative constraint, except as expressly permitted in paragraphs (1) and (2) of this Section and except for generally applicable codes and structural safety limits;

(4) prohibit or unreasonably restrict supportive housing or group homes within a multifamily or mixed-use development authorized by this Act;

(5) require the conversion to exceed standards imposed by the generally adopted building code for a change of occupancy for a proposed development converting an existing building from a different use to a multifamily use or mixed-use use, provided that this paragraph does not limit generally applicable accessibility requirements;

(6) require review or approval based on subjective standards including, without limitation, neighborhood character, compatibility, aesthetic harmony, community fit, or similar criteria, or require appearance-based design approvals by a board, commission, council, or other discretionary body as a condition of approval; or

(7) require a public hearing, vote of the corporate authorities, plan commission recommendation, zoning board recommendation, aldermanic prerogative sign-off, or any other legislative or quasi-judicial proceeding as a condition of approving the use or development authorized by this Act.

Section 35. Permitted local regulation; objective standards preserved.

(a) Nothing in this Act affects the authority of a unit of local government to apply to a development authorized by this Act requirements that are:

(1) generally applicable to comparable developments within the jurisdiction;

(2) objective and ascertainable on the face of the ordinance or code provision; and

(3) related to public health and safety.

(b) Permitted regulations include, without limitation:

(1) building codes, fire codes, and life-safety codes of general applicability;

(2) generally applicable accessibility requirements;

(3) sewer, water, and utility connection requirements;

(4) stormwater and floodplain management requirements;

(5) environmental remediation requirements imposed by State or federal law;

(6) construction-phase requirements of general applicability including erosion control, dust control, and hours that do not function as a denial of the by-right entitlement.

(c) A unit of local government may impose ministerial permit fees that do not exceed the ministerial permit fees imposed on comparable multifamily or mixed-use developments. However, a unit of local government may not condition approval on an exaction, dedication, impact fee, or contribution that is not also generally imposed on comparable developments, and any such condition shall be subject to generally applicable constitutional standards.

Section 40. Duty to approve; ministerial review; timelines; deemed approval.

(a) A unit of local government shall approve an application for a multifamily or mixed-use development on faith-based land if the development satisfies the unit of local government's generally applicable, objective land development and building regulations as limited by this Act.

(b) The duty to approve under subsection (a) is ministerial.

(c) Within 15 business days after submission, the unit of local government shall notify the applicant in writing of any specific, objective information required to deem the application complete. If the unit of local government fails to comply with this subsection, then the application shall be deemed complete.

(d) Within 60 days after an application is deemed complete, the unit of local government shall approve or deny the application in a written determination. A denial must identify each specific, objective provision of a generally applicable code or ordinance with which the application fails to comply, and shall describe the corrective action that would result in compliance. If the unit of local government fails to approve or deny an application within the time period required by this subsection, then the application shall be deemed approved by operation of law.

(e) Upon deemed approval, the applicant may request, and the unit of local government shall issue within 10 business days, all permits necessary to commence construction, subject only to compliance with generally applicable building and safety codes.

(f) A faith-based organization shall not engage in unlawful discrimination, as defined in Section 1-103 of the Illinois Human Rights Act, in the rental, lease, or availability of residential property developed under this Act, or otherwise discriminate against any tenant or prospective tenant.

Section 45. Enforcement; remedies; fees; waiver of immunity; expedited hearing.

(a) Any of the following may bring an action to enforce this Act:

(1) a faith-based organization that owns, leases, or is developing faith-based land;

(2) an applicant or developer acting under agreement with a faith-based organization;

(3) any person directly aggrieved by a violation of this Act, including by unlawful denial, unlawful delay, or imposition of prohibited requirements.

(b) An action under this Section shall be brought in the circuit court of the county in which the property is wholly or partly located.

(c) In an action under this Section, the court may:

(1) enter declaratory judgment;

(2) issue a writ of mandamus compelling compliance with this Act;

(3) issue temporary, preliminary, or permanent injunctive relief;

(4) order issuance of permits wrongfully withheld;

(5) award damages for proven economic losses proximately caused by the violation, including carrying costs and increased construction costs attributable to unlawful delay.

(d) The court shall award reasonable attorney's fees and court costs to a prevailing plaintiff.

(e) Any statutory, common law, or governmental immunity of a unit of local government is waived to the extent necessary to effectuate the remedies expressly authorized by this Section, including damages authorized under paragraph (5) of subsection (c).

(f) The circuit court shall prioritize actions under this Act and, upon motion of any party, shall set a hearing on preliminary relief as soon as practicable.

Section 50. Home rule. A home rule municipality may not regulate faith-based land in a manner inconsistent with this Act. This Act 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.

Section 97. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.

Section 99. Effective date. This Act takes effect upon becoming law.".