SB0640sam001 104TH GENERAL ASSEMBLY

Sen. Mattie Hunter

Filed: 5/21/2026

10400SB0640sam001 LRB104 06918 TRT 38144 a

AMENDMENT TO SENATE BILL 640

AMENDMENT NO. ______. Amend Senate Bill 640 by replacing everything after the enacting clause with the following:

"Section 5. The Energy Efficient Building Act is amended by changing Sections 20 and 55 as follows:

(20 ILCS 3125/20)

Sec. 20. Applicability.

(a) The Board shall review and adopt the Code within one year after its publication. The Code shall take effect within 6 months after it is adopted by the Board, except that, beginning January 1, 2012, the Code adopted in 2012 shall take effect on January 1, 2013. Except as otherwise provided in this Act, the Code shall apply to (i) any new building or structure in this State for which a building permit application is received by a municipality or county and (ii) beginning on August 3, 2018 (the effective date of Public Act 100-729) this amendatory Act of the 100th General Assembly, each State facility specified in Section 4.01 of the Capital Development Board Act. In the case of any addition, alteration, renovation, or repair to an existing residential or commercial structure, the Code adopted under this Act applies only to the portions of that structure that are being added, altered, renovated, or repaired. The changes made to this Section by Public Act 97-1033 this amendatory Act of the 97th General Assembly shall in no way invalidate or otherwise affect contracts entered into on or before August 17, 2012 (the effective date of Public Act 97-1033) this amendatory Act of the 97th General Assembly.

(b) The following buildings shall be exempt from the Code:

(1) Buildings otherwise exempt from the provisions of a locally adopted building code and buildings that do not contain a conditioned space.

(2) Buildings that do not use either electricity or fossil fuel for comfort conditioning. For purposes of determining whether this exemption applies, a building will be presumed to be heated by electricity, even in the absence of equipment used for electric comfort heating, whenever the building is provided with electrical service in excess of 100 amps, unless the code enforcement official determines that this electrical service is necessary for purposes other than providing electric comfort heating.

(3) Historic buildings. This exemption shall apply to those buildings that are listed on the National Register of Historic Places or the Illinois Register of Historic Places, and to those buildings that have been designated as historically significant by a local governing body that is authorized to make such designations.

(4) (Blank).

(5) Other buildings specified as exempt by the International Energy Conservation Code.

(b-5) Notwithstanding any provision of the Illinois Energy Conservation Code, residential developments consisting exclusively of middle housing, as defined in Section 11-13.1-5 of the Illinois Municipal Code or Section 5-47005 of the Counties Code as applicable, may, for the following Code provisions only, in lieu of complying with the most current Code adopted by the Board, elect to comply with the International Code Council's 2021 International Energy Conservation Code or any Code editions subsequently adopted by the Board:

(1) Fenestration U-factor requirements, as set forth in Section R402.1.2 and applicable tables of the Illinois Energy Conservation Code, including windows and skylights;

(2) Exterior door U-factor requirements, as set forth in Section R402.1.2 and applicable fenestration tables of the Illinois Energy Conservation Code;

(3) Fenestration U-factor alternative compliance provisions, including Section R402.1.3 where applicable;

(4) Basement insulation requirements, as set forth in Section R402.2.8, but only with respect to unfinished and unconditioned basement spaces; and

(5) Ceiling insulation requirements (attics), as set forth in Section R402.1.2 of the Illinois Energy Conservation Code.

Nothing in this subsection shall be construed to alter or reduce minimum insulation requirements for other opaque building assemblies, including exterior walls, roofs, floors, and foundation or basement walls, except as expressly provided above.

The Board may adopt rules establishing alternative compliance standards, modifications, variances, or exemptions from additional specific provisions of the Illinois Energy Conservation Code where strict application of such provisions would materially impede the development of attainable middle housing.

(c) Additions, alterations, renovations, or repairs to an existing building, building system, or portion thereof shall conform to the provisions of the Code as they relate to new construction without requiring the unaltered portion of the existing building or building system to comply with the Code. The following need not comply with the Code, provided that the energy use of the building is not increased: (i) storm windows installed over existing fenestration, (ii) glass-only replacements in an existing sash and frame, (iii) existing ceiling, wall, or floor cavities exposed during construction, provided that these cavities are filled with insulation, and (iv) construction where the existing roof, wall, or floor is not exposed.

(d) A unit of local government that does not regulate energy efficient building standards is not required to adopt, enforce, or administer the Code; however, any energy efficient building standards adopted by a unit of local government must comply with this Act. If a unit of local government does not regulate energy efficient building standards, any construction, renovation, or addition to buildings or structures is subject to the provisions contained in this Act.

(Source: P.A. 102-662, eff. 9-15-21.)

(20 ILCS 3125/55)

Sec. 55. Illinois Stretch Energy Code.

(a) The Board, in consultation with the Agency, shall create and adopt the Illinois Stretch Energy Code, to allow municipalities and projects authorized or funded by the Board to achieve more energy efficiency in buildings than the Illinois Energy Conservation Code through a consistent pathway across the State. The Illinois Stretch Energy Code shall be available for adoption by any municipality and shall set minimum energy efficiency requirements, taking the place of the Illinois Energy Conservation Code within any municipality that adopts the Illinois Stretch Energy Code.

(b) The Illinois Stretch Energy Code shall have separate components for commercial and residential buildings, which may be adopted by the municipality jointly or separately.

(c) The Illinois Stretch Energy Code shall apply to all projects to which an energy conservation code is applicable that are authorized or funded in any part by the Board after July 1, 2024.

(d) Development of the Illinois Stretch Energy Code shall be completed and available for adoption by municipalities by June 30, 2024.

(e) Consistent with the requirements under paragraph (2.5) of subsection (g) of Section 8-103B of the Public Utilities Act and under paragraph (2) of subsection (j) of Section 8-104 of the Public Utilities Act, municipalities may adopt the Illinois Stretch Energy Code and may use utility programs to support compliance with the Illinois Stretch Energy Code. The amount of savings from such utility efforts that may be counted toward achievement of their annual savings goals shall be based on reasonable estimates of the increase in savings resulting from the utility efforts, relative to reasonable approximations of what would have occurred absent the utility involvement.

(f) The Illinois Stretch Energy Code's residential components shall:

(1) apply to residential buildings as defined under Section 10, with the exception of middle housing, as defined in Section 11-13.1-5 of the Illinois Municipal Code or Section 5-47005 of the Counties Code, as applicable;

(2) set performance targets using a site energy index with reductions relative to the 2006 International Energy Conservation Code; and

(3) include stretch energy codes with site energy index standards and adoption dates as follows: by no later than June 30, 2024, the Board shall create and adopt a stretch energy code with a site energy index no greater than 0.50 of the 2006 International Energy Conservation Code; by no later than December 31, 2026, the Board shall create and adopt a stretch energy code with a site energy index no greater than 0.40 of the 2006 International Energy Conservation Code, unless the Board identifies unanticipated burdens associated with the stretch energy code adopted in 2023 or 2024, in which case the Board may adopt a stretch energy code with a site energy index no greater than 0.42 of the 2006 International Energy Conservation Code, provided that the more relaxed standard has a site energy index that is at least 0.05 more restrictive than the 2024 International Energy Conservation Code; by no later than December 31, 2029, the Board shall create and adopt a stretch energy code with a site energy index no greater than 0.33 of the 2006 International Energy Conservation Code, unless the Board identifies unanticipated burdens associated with the stretch energy code adopted in 2025, in which case the Board may adopt a stretch energy code with a site energy index no greater than 0.35 of the 2006 International Energy Conservation Code, but only if that more relaxed standard has a site energy index that is at least 0.05 more restrictive than the 2027 International Energy Conservation Code; and by no later than December 31, 2032, the Board shall create and adopt a stretch energy code with a site energy index no greater than 0.25 of the 2006 International Energy Conservation Code.

(g) The Illinois Stretch Energy Code's commercial components shall:

(1) apply to commercial buildings as defined under Section 10;

(2) set performance targets using a site energy index with reductions relative to the 2006 International Energy Conservation Code; and

(3) include stretch energy codes with site energy index standards and adoption dates as follows: by no later than June 30, 2024, the Board shall create and adopt a stretch energy code with a site energy index no greater than 0.60 of the 2006 International Energy Conservation Code; by no later than December 31, 2026, the Board shall create and adopt a stretch energy code with a site energy index no greater than 0.50 of the 2006 International Energy Conservation Code; by no later than December 31, 2029, the Board shall create and adopt a stretch energy code with a site energy index no greater than 0.44 of the 2006 International Energy Conservation Code; and by no later than December 31, 2032, the Board shall create and adopt a stretch energy code with a site energy index no greater than 0.39 of the 2006 International Energy Conservation Code.

(h) The process for the creation of the Illinois Stretch Energy Code includes:

(1) within 60 days after the effective date of this amendatory Act of the 102nd General Assembly, the Capital Development Board shall meet with the Illinois Energy Code Advisory Council to advise and provide technical assistance and recommendations to the Capital Development Board for the Illinois Stretch Energy Code, which shall:

(A) advise the Capital Development Board on creation of interim performance targets, code requirements, and an implementation plan for the Illinois Stretch Energy Code;

(B) recommend amendments to proposed rules issued by the Capital Development Board;

(C) recommend complementary programs or policies;

(D) complete recommendations and development for the Illinois Stretch Energy Code elements and requirements by December 31, 2023;

(2) As part of its deliberations, the Illinois Energy Code Advisory Council shall actively solicit input from other energy code stakeholders and interested parties.

(Source: P.A. 103-4, eff. 5-31-23; 104-315, eff. 1-1-26.)

Section 10. The Counties Code is amended by adding Division 5-47 as follows:

(55 ILCS 5/Art. 5 Div. 47 heading new)

Division 47. MIDDLE HOUSING

(55 ILCS 5/5-47001 new)

Sec. 5-47001. Purpose. The purpose of this Division is to expand housing choice, increase the supply of attainable housing, and establish uniform statewide standards for middle housing production while preserving reasonable, non-exclusionary municipal design and siting authority.

(55 ILCS 5/5-47005 new)

Sec. 5-47005. Definitions. As used in this Division:

"Attached courtyard housing" means a form of middle housing consisting of 2 or more attached dwelling units arranged to face a shared common courtyard, where each unit has a primary entrance oriented toward the courtyard and the courtyard provides pedestrian access, light, air, and shared open space for the dwelling units.

"Clear and objective standard" means a standard that does not require discretionary judgment in its interpretation or application and that applies uniformly to all applicants.

"Common courtyard" means a landscaped or hardscaped area accessible to multiple dwelling units that provides pedestrian access and passive or active recreation.

"Cottage cluster" means a grouping of 3 or more detached or semi-detached dwelling units on a shared lot or parcel, arranged around common open space, and served by shared pedestrian or vehicular access.

"Detached courtyard housing" means a form of middle housing consisting of 2 or more detached dwelling units located on a shared lot or parcel and arranged to face a shared common courtyard, where each unit has a primary entrance oriented toward the courtyard and the courtyard provides pedestrian access, light, air, and shared open space for the dwelling units.

"Discretionary review" means any land-use or development approval that requires the exercise of subjective judgment by a legislative body, planning commission, zoning board of appeals, architectural review board, or similar body, including, but not limited to, special uses, conditional uses, variances, planned unit developments, or non-objective design review. "Discretionary review" does not include:

(1) ministerial building permit review for compliance with clear and objective standards;

(2) historic preservation review required solely for the demolition of a structure designated as a local, State, or national historic landmark; or

(3) environmental or safety review required by State or federal law.

"Middle housing" means:

(1) duplexes;

(2) triplexes;

(3) fourplexes;

(4) cottage clusters;

(5) townhouses;

(6) attached courtyard housing;

(7) detached courtyard housing; and

(8) stacked flats.

"Middle housing land division" means the division of land containing middle housing to allow fee-simple ownership of one or more dwelling units consistent with Section 5-47030.

"Pedestrian path" means a walkway connecting at least one building entrance to a public or private street that complies with the provisions of the federal Americans with Disabilities Act of 1990 and its implementing regulations.

"Residential zoning district" means any county zoning district in which detached single-family dwellings are a permitted use.

"Stacked flats" means a middle-housing building type that contains between 2 and 6 dwelling units, that has units arranged in vertical tiers accessible by shared or individual entrances, and that is designed to be similar in scale and massing to a detached single-family house.

(55 ILCS 5/5-47010 new)

Sec. 5-47010. Statewide middle-housing entitlements.

(a) This Section applies to every residential zoning district in every county with zoning authority under this Code.

(b) A county may not require a minimum lot area of more than 2,500 square feet for detached single-family dwellings in any residential zoning district that permits detached single-family dwellings.

(c) The following residential unit allowances are permitted on any lot located in a residential zoning district that permits detached single-family dwellings:

(1) On any lot with an area of not more than 2,500 square feet, at least one detached single-family dwelling unit shall be permitted as of right.

(2) Up to 4 dwelling units are permitted as of right on any lot with an area of more than 2,500 square feet and not more than 7,500 square feet.

(3) Up to 6 dwelling units are permitted as of right on any lot with an area of more than 7,500 square feet.

(d) Counties may authorize unit counts or densities that exceed the allowances established in this Section but may not reduce them.

(e) Beginning June 1, 2027, the development of middle housing is authorized in accordance with the provisions of this Division. To conform to this Section, counties may adopt, by ordinance, clear and objective development standards that govern form and placement of middle housing so long as those standards do not have the effect of prohibiting or materially impeding the development of middle housing. In any county that does not adopt specific clear and objective standards for middle housing, or adopts, enforces, or applies standards that are in violation of this Division, permits to develop middle housing shall be reviewed according to the default clear and objective standards established in Section 5-47025. County ordinances may ensure developments comply with the existing context of the neighborhood, through clear and objective development standards, including, but not limited to, bulk, lot area, green space, height, floor-area ratio, lot coverage, access, unit size, building separation, and design. County standards may not individually or cumulatively have the effect of prohibiting or materially impeding the development of middle housing or unreasonably delaying development of the minimum dwelling unit allowances established under this Division.

(f) A county may not adopt, enforce, or apply automobile parking regulations, including regulations regarding off-street parking, that have the effect of prohibiting or materially impeding the development of middle housing.

(g) For the first 12 months after the effective date of this amendatory Act of the 104th General Assembly, counties may continue to review middle-housing permit applications under existing local standards. During this period, counties may not adopt, enforce, or apply new standards that reduce the minimum dwelling-unit entitlements set forth in subsections (b) and (c). Beginning immediately after the 12-month period, any county ordinance that conflicts with subsection (b) is void and unenforceable to the extent of the conflict. After the transition period if:

(1) a county has adopted conforming zoning amendments under Section 5-47035, then the building permit applications shall be reviewed under the county's updated zoning code; and

(2) a county has not adopted conforming amendments within 12 months after the effective date of this amendatory Act of the 104th General Assembly, then the building permit applications shall be reviewed under the default clear-and-objective standards in Section 5-47025.

(h) Any residential zoning district that permits detached single-family dwellings shall also permit the dwelling unit allowance required under this Section, regardless of zoning classification or district name.

(i) Nothing in this Section shall be construed to conflict with existing residential development projects for which contracts or agreements were executed prior to the effective date of this amendatory Act of the 104th General Assembly. Projects shall not be changed to conform with the middle housing entitlements outlined in this Division, unless requested by the developer and authorized to do so by the county board of a county.

(55 ILCS 5/5-47015 new)

Sec. 5-47015. Conversion of existing residential structures.

(a) A county must allow an existing principal residential structure to be converted to any middle-housing type up to the maximum units permitted under Section 5-47010 if:

(1) the structure is not expanded by more than 50% of its existing floor area or more than 1,200 square feet, whichever is greater; and

(2) the conversion complies with applicable building codes and preservation or landmark laws.

(b) A compliant conversion is not subject to site-development standards that apply only to new construction.

(55 ILCS 5/5-47020 new)

Sec. 5-47020. Other local development and design standards.

(a) Counties may not require any form of discretionary review for middle housing developments, including, but not limited to, special use permits, planned unit developments, public hearings, or discretionary design review, unless the same review is required for detached single-family dwellings.

(b) A county may require middle housing to comply with generally applicable local health and safety, building, fire, environmental, sewer, and stormwater regulations, and may deny an application for a building permit that does not comply with such regulations. A county may not adopt, enforce, or apply such regulations in a manner that has the effect of prohibiting or materially impeding the development of middle housing, including through categorical restrictions or the imposition of standards that cannot be reasonably satisfied on a typical residential lot.

(55 ILCS 5/5-47025 new)

Sec. 5-47025. Default clear and objective standards.

(a) This Section applies in any county that fails to adopt conforming zoning amendments within 12 months after the effective date of this amendatory Act of the 104th General Assembly.

(b) A county's minimum setbacks for dwellings shall not exceed 10 feet from the front of the dwelling; 5 feet from either side of the dwelling; 10 feet from the rear of the dwelling; or 10 feet from the corner of the corner-lot street. Counties may not impose a maximum building height of less than 35 feet. The maximum lot-coverage limit shall not be less than 60%. The maximum floor-area-ratio limit shall not be less than 1.5. The minimum separation between structures on the same lot shall not exceed 6 feet, except as required by the State Fire Code.

(c) Access to a dwelling via an alley or shared driveway must be permitted. The county's maximum driveway widths must not exceed 10 feet for one-way access or 20 feet for 2-way access. No minimum street-frontage applies if access exists via an easement or alley. No more than one driveway may be required per development.

(d) Middle housing developments shall be subject to the same design standards as single-family dwellings, except as follows:

(1) Design standards for cottage clusters include the following standards:

(A) The minimum unit size shall be at least 400 square feet.

(B) Cottage clusters shall contain a common open space of at least 150 square feet per unit.

(C) Automobile parking in cottage clusters may be consolidated.

(D) Cottage clusters shall contain pedestrian paths required, as needed, for fire safety and life safety.

(2) Complexes of between 2 and 6 units may occupy the same building envelope allowed for a detached single-family dwelling under this Section. Counties may not require complexes of between 2 and 6 units to have design differentiation from single-family structures.

(3) The design standards for townhomes may not require minimum rear setbacks greater than 10 feet, except that lots with rear alley access shall not be required to have minimum rear setbacks greater than 0 feet. The design standards for townhomes shall include minimum setbacks at a common wall property line of greater than 0 feet.

(4) Existing buildings may be converted to up to 6 units of middle housing without triggering standards applicable only to new construction, other than life-safety codes. A building's existing nonconformities need not be corrected.

(e) Counties shall approve middle housing land divisions that enable fee-simple ownership, as authorized by the Plat Act, notwithstanding any local zoning ordinance pertaining to land division, subdivision, or platting. Lot-size, dimension, and frontage requirements shall not preclude the divisions. Shared areas may be governed by easements, covenants, or owners' associations.

(55 ILCS 5/5-47030 new)

Sec. 5-47030. Middle-housing land divisions. Counties shall approve middle-housing land divisions that enable fee-simple ownership, in accordance with the Plat Act, notwithstanding any local zoning ordinance pertaining to land division, subdivision, or platting, if the land division application demonstrates that:

(1) each lot or parcel contains at least one dwelling unit;

(2) private and common areas, access ways, and shared facilities are protected by recorded easements or agreements;

(3) the proposed middle-housing land division does not conflict with the county's building safety codes; and

(4) the middle-housing land division preserves the ability to meet applicable standards under this Division.

The middle-housing land division shall not be denied based on minimum lot-size, density, or similar standards.

(55 ILCS 5/5-47035 new)

Sec. 5-47035. County requirements.

(a) Each county must amend its zoning ordinance to conform to this Division within 12 months after the effective date of this amendatory Act of the 104th General Assembly.

(b) If a county fails to adopt conforming amendments within 12 months after the effective date of this amendatory Act of the 104th General Assembly, then the default clear and objective standards in Section 5-47025 shall automatically apply.

(c) Any county ordinance that conflicts with this Division is void and unenforceable to the extent of the conflict beginning 12 months after the effective date of this amendatory Act of the 104th General Assembly.

(d) During the first 12 months after the effective date of this amendatory Act of the 104th General Assembly, counties may continue to review middle-housing permit applications under existing local standards. No county may adopt, enforce, or apply new standards during this period that reduce the minimum dwelling-unit entitlements in subsection (c) of Section 5-47010.

(e) Any person or entity aggrieved by a county's action or inaction alleged to violate this Division may bring an action for declaratory or injunctive relief in a court of competent jurisdiction. If the court finds that a county has violated this Division, then the court shall award reasonable attorney's fees and costs to the prevailing plaintiff. Nothing in this subsection shall be construed to limit any other remedies available at law or in equity.

(55 ILCS 5/5-47040 new)

Sec. 5-47040. Middle income affordability. Middle housing developments permitted under this Act shall provide at least 40% of their total units as affordable housing units available to households whose adjusted income is more than 80% but less than 120% of the median income of the area of residence, adjusted for family size, as such adjusted income and median income for the area are determined from time to time by the United States Department of Housing and Urban Development for purposes of Section 8 of the United States Housing Act of 1937.

(55 ILCS 5/5-47045 new)

Sec. 5-47045. Building code alternatives for starter homes and middle housing.

(a) Notwithstanding Sections 20 and 25 of the Electric Vehicle Charging Act, middle housing developments and newly constructed single-family dwellings of not more than 1,500 square feet shall be exempt from any requirement that parking spaces be constructed or designated as EV-capable, EV-ready, or equipped with electric vehicle supply equipment (EVSE).

(b) The provisions of the Illinois Stretch Energy Code contained in Section 55 of the Energy Efficient Building Act shall not apply to middle housing developments. Middle housing developments and newly constructed single-family dwellings of not more than 1,500 square feet may instead comply with the Illinois Energy Conservation Code adopted under Section 20 of the Energy Efficient Building Act in effect at the time of permitting.

(55 ILCS 5/5-47050 new)

Sec. 5-47050. Associations; prohibitions. Notwithstanding any provision of this Division or other provision of law, the adoption, enforcement, or application of a bylaw or exercise of any power by the governing entity of a homeowners' association, common interest community association, or condominium unit owners' association which has the effect of prohibiting or materially impeding the development of middle housing is expressly prohibited.

(55 ILCS 5/5-47055 new)

Sec. 5-47055. Conflict. In case of any conflict between the provisions of this Division and Division 5-12, the provisions of this Division shall prevail and control.

(55 ILCS 5/5-47060 new)

Sec. 5-47060. Home rule. A home rule unit may not regulate middle housing in a manner inconsistent with this Division. This Division 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 15. The Illinois Municipal Code is amended by adding Division 13.1 as follows:

(65 ILCS 5/Art. 11 Div. 13.1 heading new)

Division 13.1. MIDDLE HOUSING

(65 ILCS 5/11-13.1-1 new)

Sec. 11-13.1-1. Purpose. The purpose of this Division is to expand housing choice, increase the supply of attainable housing, and establish uniform statewide standards for middle housing production while preserving reasonable, non-exclusionary municipal design and siting authority.

(65 ILCS 5/11-13.1-5 new)

Sec. 11-13.1-5. Definitions. As used in this Division:

"Attached courtyard housing" means a form of middle housing consisting of 2 or more attached dwelling units arranged to face a shared common courtyard, where each unit has a primary entrance oriented toward the courtyard and the courtyard provides pedestrian access, light, air, and shared open space for the dwelling units.

"Clear and objective standard" means a standard that does not require discretionary judgment in its interpretation or application and that applies uniformly to all applicants.

"Common courtyard" means a landscaped or hardscaped area accessible to multiple dwelling units that provides pedestrian access and passive or active recreation.

"Cottage cluster" means a grouping of 3 or more detached or semi-detached dwelling units on a shared lot or parcel, arranged around common open space, and served by shared pedestrian or vehicular access.

"Detached courtyard housing" means a form of middle housing consisting of 2 or more detached dwelling units located on a shared lot or parcel and arranged to face a shared common courtyard, where each unit has a primary entrance oriented toward the courtyard and the courtyard provides pedestrian access, light, air, and shared open space for the dwelling units.

"Discretionary review" means any land-use or development approval that requires the exercise of subjective judgment by a legislative body, planning commission, zoning board of appeals, architectural review board, or similar body, including, but not limited to, special uses, conditional uses, variances, planned unit developments, or non-objective design review. "Discretionary review" does not include:

(1) ministerial building permit review for compliance with clear and objective standards;

(2) historic preservation review required solely for the demolition of a structure designated as a local, State, or national historic landmark; or

(3) environmental or safety review required by State or federal law.

"Middle housing" means:

(1) duplexes;

(2) triplexes;

(3) fourplexes;

(4) cottage clusters;

(5) townhouses;

(6) attached courtyard housing;

(7) detached courtyard housing; and

(8) stacked flats.

"Middle housing land division" means the division of land containing middle housing to allow fee-simple ownership of one or more dwelling units consistent with Section 11-13.1-30.

"Pedestrian path" means a walkway connecting at least one building entrance to a public or private street that complies with the provisions of the federal Americans with Disabilities Act of 1990 and its implementing regulations.

"Residential zoning district" means any municipal zoning district in which detached single-family dwellings are a permitted use.

"Stacked flats" means a middle-housing building type that contains between 2 and 6 dwelling units, that has units arranged in vertical tiers accessible by shared or individual entrances, and that is designed to be similar in scale and massing to a detached single-family house.

(65 ILCS 5/11-13.1-10 new)

Sec. 11-13.1-10. Statewide middle-housing entitlements.

(a) This Section applies to every residential zoning district in every municipality with zoning authority under this Code.

(b) A municipality may not require a minimum lot area of more than 2,500 square feet for detached single-family dwellings in any residential zoning district that permits detached single-family dwellings.

(c) The following residential unit allowances are permitted on any lot located in a residential zoning district that permits detached single-family dwellings:

(1) On any lot with an area of not more than 2,500 square feet, at least one detached single-family dwelling unit shall be permitted as of right.

(2) Up to 4 dwelling units are permitted as of right on any lot with an area of more than 2,500 square feet and not more than 7,500 square feet.

(3) Up to 6 dwelling units are permitted as of right on any lot with an area of more than 7,500 square feet.

(d) Municipalities may authorize unit counts or densities that exceed the allowances established in this Section but may not reduce them.

(e) Beginning June 1, 2027, the development of middle housing is authorized in accordance with the provisions of this Division. To conform to this Section, municipalities may adopt, by ordinance, clear and objective development standards that govern form and placement of middle housing so long as those standards do not have the effect of prohibiting or materially impeding the development of middle housing. In any municipality that does not adopt specific clear and objective standards for middle housing, or adopts, enforces, or applies standards that are in violation of this Code, permits to develop middle housing shall be reviewed according to the default clear and objective standards established in Section 11-13.1-25. Municipal ordinances may ensure developments comply with the existing context of the neighborhood, through clear and objective development standards, including, but not limited to, bulk, lot area, green space, height, floor-area ratio, lot coverage, access, unit size, building separation, and design. Municipal standards may not individually or cumulatively have the effect of prohibiting or materially impeding the development of middle housing or unreasonably delaying development of the minimum dwelling unit allowances established under this Division.

(f) A municipality may not adopt, enforce, or apply automobile parking regulations, including regulations regarding off-street parking, that have the effect of prohibiting or materially impeding the development of middle housing.

(g) For the first 12 months after the effective date of this amendatory Act of the 104th General Assembly, municipalities may continue to review middle-housing permit applications under existing local standards. During this period, municipalities may not adopt, enforce, or apply new standards that reduce the minimum dwelling-unit entitlements set forth in subsections (b) and (c). Beginning immediately after the 12-month period, any municipal ordinance that conflicts with subsection (b) is void and unenforceable to the extent of the conflict. After the transition period if:

(1) a municipality has adopted conforming zoning amendments under Section 11-13.1-35, then the building permit applications shall be reviewed under the municipality's updated zoning code; and

(2) a municipality has not adopted conforming amendments within 12 months after the effective date of this amendatory Act of the 104th General Assembly, then the building permit applications shall be reviewed under the default clear-and-objective standards in Section 11-13.1-25.

(h) Any residential zoning district that permits detached single-family dwellings shall also permit the dwelling unit allowance required under this Section, regardless of zoning classification or district name.

(i) Nothing in this Section shall be construed to conflict with existing residential development projects for which contracts or agreements were executed prior to the effective date of this amendatory Act of the 104th General Assembly. Projects shall not be changed to conform with the middle housing entitlements outlined in this Division, unless requested by the developer and authorized to do so by the corporate authorities of a municipality.

(65 ILCS 5/11-13.1-15 new)

Sec. 11-13.1-15. Conversion of existing residential structures.

(a) A municipality must allow an existing principal residential structure to be converted to any middle-housing type up to the maximum units permitted under Section 11-13.1-10 if:

(1) the structure is not expanded by more than 50% of its existing floor area or more than 1,200 square feet, whichever is greater; and

(2) the conversion complies with applicable building codes and preservation or landmark laws.

(b) A compliant conversion is not subject to site-development standards that apply only to new construction.

(65 ILCS 5/11-13.1-20 new)

Sec. 11-13.1-20. Other local development and design standards.

(a) Municipalities may not require any form of discretionary review for middle housing developments, including, but not limited to, special use permits, planned unit developments, public hearings, or discretionary design review, unless the same review is required for detached single-family dwellings.

(b) A municipality may require middle housing to comply with generally applicable local health and safety, building, fire, environmental, sewer, and stormwater regulations, and may deny an application for a building permit that does not comply with such regulations. A municipality may not adopt, enforce, or apply such regulations in a manner that has the effect of prohibiting or materially impeding the development of middle housing, including through categorical restrictions or the imposition of standards that cannot be reasonably satisfied on a typical residential lot.

(65 ILCS 5/11-13.1-25 new)

Sec. 11-13.1-25. Default clear and objective standards.

(a) This Section applies in any municipality that fails to adopt conforming zoning amendments within 12 months after the effective date of this amendatory Act of the 104th General Assembly.

(b) A municipality's minimum setbacks for dwellings shall not exceed 10 feet from the front of the dwelling; 5 feet from either side of the dwelling; 10 feet from the rear of the dwelling; or 10 feet from the corner of the corner-lot street. Municipalities may not impose a maximum building height of less than 35 feet. The maximum lot-coverage limit shall not be less than 60%. The maximum floor-area-ratio limit shall not be less than 1.5. The minimum separation between structures on the same lot shall not exceed 6 feet, except as required by the State Fire Code.

(c) Access to a dwelling via an alley or shared driveway must be permitted. The municipality's maximum driveway widths must not exceed 10 feet for one-way access or 20 feet for 2-way access. No minimum street-frontage applies if access exists via an easement or alley. No more than one driveway may be required per development.

(d) Middle housing developments shall be subject to the same design standards as single-family dwellings, except as follows:

(1) Design standards for cottage clusters include the following standards:

(A) The minimum unit size shall be at least 400 square feet.

(B) Cottage clusters shall contain a common open space of at least 150 square feet per unit.

(C) Automobile parking in cottage clusters may be consolidated.

(D) Cottage clusters shall contain pedestrian paths required, as needed, for fire safety and life safety.

(2) Complexes of between 2 and 6 units may occupy the same building envelope allowed for a detached single-family dwelling under this Section. Municipalities may not require complexes of between 2 and 6 units to have design differentiation from single-family structures.

(3) The design standards for townhomes may not require minimum rear setbacks greater than 10 feet, except that lots with rear alley access shall not be required to have minimum rear setbacks greater than 0 feet. The design standards for townhomes shall include minimum setbacks at a common wall property line of greater than 0 feet.

(4) Existing buildings may be converted to up to 6 units of middle housing without triggering standards applicable only to new construction, other than life-safety codes. A building's existing nonconformities need not be corrected.

(e) Municipalities shall approve middle housing land subdivisions that enable fee-simple ownership, as authorized by the Plat Act, notwithstanding any local zoning ordinance pertaining to land division, subdivision, or platting. Lot-size, dimension, and frontage requirements shall not preclude the divisions. Shared areas may be governed by easements, covenants, or owners' associations.

(65 ILCS 5/11-13.1-30 new)

Sec. 11-13.1-30. Middle-housing land divisions. Municipalities shall approve middle-housing land divisions that enable fee-simple ownership, in accordance with the Plat Act, notwithstanding any local zoning ordinance pertaining to land division, subdivision, or platting, if the land division application demonstrates that:

(1) each lot or parcel contains at least one dwelling unit;

(2) private and common areas, access ways, and shared facilities are protected by recorded easements or agreements;

(3) the proposed middle-housing land division does not conflict with the municipality's building safety codes; and

(4) the middle-housing land division preserves the ability to meet applicable standards under this Division.

A middle-housing land division shall not be denied based on minimum lot-size, density, or similar standards.

(65 ILCS 5/11-13.1-35 new)

Sec. 11-13.1-35. Municipality requirements.

(a) Each municipality must amend its zoning ordinance to conform to this Division within 12 months after the effective date of this amendatory Act of the 104th General Assembly.

(b) If a municipality fails to adopt conforming amendments within 12 months after the effective date of this amendatory Act of the 104th General Assembly, then the default clear-and-objective standards in Section 11-13.1-25 shall automatically apply.

(c) Any municipal ordinance that conflicts with this Division is void and unenforceable to the extent of the conflict beginning 12 months after the effective date of this amendatory Act of the 104th General Assembly.

(d) During the first 12 months after the effective date of this amendatory Act of the 104th General Assembly, municipalities may continue to review middle-housing building permit applications under existing local standards. No municipality may adopt, enforce, or apply new standards during this period that reduce the minimum dwelling-unit entitlements in subsection (c) of Section 11-13.1-10.

(e) Any person or entity aggrieved by a municipality's action or inaction alleged to violate this Division may bring an action for declaratory or injunctive relief in a court of competent jurisdiction. If the court finds that a municipality has violated this Division, then the court shall award reasonable attorney's fees and costs to the prevailing plaintiff. Nothing in this subsection shall be construed to limit any other remedies available at law or in equity.

(65 ILCS 5/11-13.1-40 new)

Sec. 11-13.1-40. Middle income affordability. Middle housing developments permitted under this Act shall provide at least 40% of their total units as affordable housing units available to households whose adjusted income is more than 80% but less than 120% of the median income of the area of residence, adjusted for family size, as such adjusted income and median income for the area are determined from time to time by the United States Department of Housing and Urban Development for purposes of Section 8 of the United States Housing Act of 1937.

(65 ILCS 5/11-13.1-45 new)

Sec. 11-13.1-45. Building code alternatives for starter homes and middle housing.

(a) Notwithstanding Sections 20 and 25 of the Electric Vehicle Charging Act, middle housing developments and newly constructed single-family dwellings of not more than 1,500 square feet shall be exempt from any requirement that parking spaces be constructed or designated as EV-capable, EV-ready, or equipped with electric vehicle supply equipment (EVSE).

(b) The provisions of the Illinois Stretch Energy Code contained in Section 55 of the Energy Efficient Building Act shall not apply to middle housing developments. Middle housing developments and newly constructed single-family dwellings of not more than 1,500 square feet may instead comply with the Illinois Energy Conservation Code adopted under Section 20 of the Energy Efficient Building Act in effect at the time of permitting.

(65 ILCS 5/11-13.1-50 new)

Sec. 11-13.1-50. Protection of Existing Small Rental Housing.

(a) A municipality with a population of 2,000,000 or more may by ordinance designate an area as a protected small rental housing area. This Section applies only to development authorized under this Code on parcels located within a geographic area that has been designated by ordinance of a municipality as a protected small rental housing area. Any municipality with a smaller population may elect, by ordinance, to designate a protected small rental housing area and be subject to this Section.

(b) As used in this Section:

"Affordable rental unit" means a unit rented at a rate affordable to a household at or below 80% of area median income, or a lower threshold established by municipal ordinance. "Preceding 3 years" means the 36-month period before the date a complete application for development is submitted. "Protected small rental housing area" means a geographic area designated by ordinance under subsection (j) of this Section.

"Residential structure with 2 to 4 dwelling units" means a building containing 2, 3, 4, 5, or 6 legal dwelling units, whether attached or detached. "Residential structure with 2 to 4 dwelling units" includes buildings with nonconforming units lawfully established under prior zoning or building codes.

"Tenant" means a person entitled to occupy a dwelling unit pursuant to a lease or other agreement, whether written or oral, including a month-to-month tenancy or holdover tenancy.

"Withdrawn from the rental market" means a dwelling unit that was previously occupied by a tenant and is no longer offered for residential rental use, including through termination of tenancy, non-renewal of a lease, conversion to another use, or removal from the rental market in anticipation of redevelopment.

(c) Within a protected small rental housing area, a development authorized under this Code may not be approved on a site that contains, or contained within the preceding 3 years, a residential structure with 2 to 4 dwelling units if one or more dwelling units in the structure were:

(1) occupied by a tenant; or

(2) withdrawn from the rental market.

(d) Subsection (c) shall not apply where:

(1) demolition of the structure was initiated or mandated by the municipality or other governmental body; or

(2) the structure has been determined by a local building official to be unsafe or uninhabitable pursuant to applicable building or health codes.

(e) If demolition, conversion, deconversion, substantial rehabilitation, or redevelopment of a residential structure with 2 to 4 dwelling units is permitted under this Code, the redevelopment shall include a net increase in dwelling units above the number of dwelling units that existed on the site within the preceding 3 years, unless the municipality determines that a net increase is infeasible due to health, safety, landmark, environmental, or site constraints. A dwelling unit that is affordable to a household at or below 80% of area median income, as defined by the Illinois Housing Development Authority by objective criteria, that is demolished, converted, deconverted, withdrawn from the rental market, or made unavailable as a result of redevelopment authorized under this Code shall be replaced on a one-for-one basis with a dwelling unit affordable to a household at the same or lower income level for not less than 30 years or for a longer period required by municipal ordinance. A municipality may require a greater number or deeper level of affordable replacement units by ordinance, including requirements based on unit size, bedroom count, accessibility, family-sized housing needs, or neighborhood displacement risk.

(f) Where demolition of a structure is permitted under this Section, the redevelopment shall include no fewer dwelling units than existed on the site within the preceding 3 years.

(g) Nothing in this Section shall be construed to:

(1) prohibit development on vacant land that did not contain a residential structure with 2 to 4 dwelling units within the preceding 3 years;

(2) prohibit development on property that has not contained a tenant-occupied dwelling unit within the preceding 3 years; or

(3) limit the authority of a local government to enforce generally applicable health and safety regulations consistent with this Code.

(h) An applicant shall certify, under penalty of perjury, whether any dwelling units on the site were occupied by tenants or withdrawn from the rental market within the preceding 3 years. A local government may rely on such certification in determining compliance.

(i) A municipality designating a protected small rental housing area shall do so by ordinance that:

(1) identifies the geographic boundaries of the area; and

(2) includes a statement of findings demonstrating that the area is experiencing, or is at risk of experiencing, displacement of tenants or loss of a residential structure with 2 to 4 dwelling units. The findings may be based on locally determined criteria, including, but not limited to:

(A) concentrations of tenant-occupied residential structures with 2 to 4 dwelling units;

(B) recent or anticipated redevelopment activity;

(C) increases in rents or property values;

(D) designation under an Affordable Requirements Ordinance or similar preservation or anti-displacement framework; or

(E) other locally relevant indicators of housing instability or displacement risk. Designation shall be applied uniformly within the designated area and may not be applied on a parcel-by-parcel basis.

(65 ILCS 5/11-13.1-55 new)

Sec. 11-13.1-55. Associations; prohibitions. Notwithstanding any provision of this Division or other provision of law, the adoption, enforcement, or application of a bylaw or exercise of any power by the governing entity of a homeowners' association, common interest community association, or condominium unit owners' association that has the effect of prohibiting or materially impeding the development of middle housing is expressly prohibited.

(65 ILCS 5/11-13.1-60 new)

Sec. 11-13.1-60. Conflict. In case of any conflict between the provisions of this Division and Division 11-13, the provisions of this Division shall prevail and control.

(65 ILCS 5/11-13.1-65 new)

Sec. 11-13.1-65. Home rule. A home rule unit may not regulate middle housing in a manner inconsistent with this Division. This Division 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 20. The Electric Vehicle Charging Act is amended by changing Section 10 as follows:

(765 ILCS 1085/10)

Sec. 10. Applicability.

(a) For the purposes of Sections 20 and 25, this Act applies to newly constructed single-family homes and multifamily residential buildings, except middle housing developments, that have parking spaces and are constructed after the effective date of this Act. As used in this subsection, "middle housing" has the meaning given in Section 11-13.1-5 of the Illinois Municipal Code and the meaning given in Section 5-47005 of the Counties Code, as applicable.

(b) For the purposes of Sections 30 and 35, this Act applies to unit owners, tenants, landlords, and associations of both newly constructed and existing single-family homes and multifamily residential buildings that have parking spaces.

(c) The provisions of this Act do not apply to any tiny home constructed for veterans who are homeless or at risk of homelessness and in need of secure, long-term affordable housing, if that tiny home is constructed by a nonprofit organization described in Section 501(c)(3) or Section 501(c)(19) of the Internal Revenue Code of 1986 that exclusively funds and administers projects and services for veterans. Every county and municipality that has the power to issue building permits and otherwise control the construction of buildings shall require by ordinance that an applicant seeking a building permit to construct tiny homes for at-risk veterans must include with the permit application a completed and signed affidavit stating that all buildings constructed under the permit are designated for the exclusive use of qualifying veterans who are homeless or at risk of homelessness and in need of secure, long-term affordable housing. No county or municipality, including a home rule unit, shall adopt any building code or ordinance that requires EV-capable parking spaces for tiny homes constructed for the purpose of providing affordable housing for at-risk veterans as provided in this subsection. This subsection 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.

As used in this subsection:

"Tiny home" means an individual, detached residential dwelling unit of no more than 800 square feet, occupying a lot either by itself or sharing a common lot with other tiny homes. "Tiny home" does not include a manufactured home as defined in the Mobile Home Landlord and Tenant Rights Act. "Tiny home" does not include a single unit in a small multifamily residence or a large multifamily residence.

"Veteran" means a person who served in and who has received an honorable or general discharge from, the United States Army, Navy, Air Force, Space Force, Marines, Coast Guard, or reserves thereof, or who served in the Army National Guard, Air National Guard, or Illinois National Guard.

(Source: P.A. 103-53, eff. 1-1-24; 103-572, eff. 1-1-24; 104-341, eff. 8-15-25.)".