HB 5083

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Full Text of HB5083
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	HB5083 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5083
Introduced 2/10/2026, by Rep. Lindsey LaPointe
SYNOPSIS AS INTRODUCED:
New Act
Creates the Faith-Based Housing and Mixed-Use By-Right Act. Provides that a unit of local government shall permit multifamily developments and mixed-use developments as allowable by-right uses on faith-based land. Provides that 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 permit the proposed use and development or allow for the minimum development standards and limitations established by the Act. Provides that the by-right entitlement under the 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. Provides that nothing in the 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. Provides that 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 the Act. Limits the concurrent use of home rule powers. Effective immediately.
LRB104 18341 RTM 31781 b
A BILL FOR
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1    AN ACT concerning local government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. Short title. This Act may be cited as the
5Faith-Based Housing and Mixed-Use By-Right Act.
6    Section 5. Findings and purpose.
7    (a) The General Assembly finds that:
8        (1) Illinois faces persistent shortages of housing
9    across income levels, including supportive housing.
10        (2) Faith-based and religious institutions often own
11    or steward land that can be responsibly developed to meet
12    housing needs.
13        (3) Discretionary, subjective, or politically
14    contingent land use approvals can create unreasonable
15    barriers to timely housing production.
16    (b) The purpose of this Act is to establish a uniform
17statewide, ministerial, by-right entitlement for multifamily
18and mixed-use housing on qualifying faith-based land, while
19preserving generally applicable health and safety regulation.
20    Section 10. Applicability.
21    (a) Except as provided in subsection (b), this Act applies
22to all faith-based land within this State.
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1    (b) This Act does not apply to faith-based land that is
2located within one-quarter mile of:
3        (1) a heavy industrial use; or
4        (2) an airport with scheduled commercial service, a
5    public-use seaport, or an active military installation.
6    (c) A unit of local government bears the burden of
7demonstrating the applicability of subsection (b) based on
8substantial evidence in a written determination issued within
9the time periods in Section 40.
10    Section 15. Definitions. As used in this Act:
11    "By-right" means a use and development that is permitted
12without any discretionary zoning or land use approval, and
13that may be approved only through ministerial review for
14compliance with objective standards and generally applicable
15codes.
16    "Discretionary approval" includes, without limitation, a
17zoning map amendment, planned development, special use,
18conditional use, variation, special exception, text amendment
19required solely to enable the use, comprehensive plan
20amendment, development agreement required solely to enable the
21use, or any similar discretionary land use classification or
22entitlement.
23    "Faith-based land" means real property in this State that
24is:
25        (1) owned in fee simple by a faith-based organization;
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1    or
2        (2) held of record in fee by trustees for the use or
3    benefit of a faith-based organization, religious
4    congregation, or religious corporation; or
5        (3) leased by a faith-based organization under a
6    recorded lease, with a remaining or initial term of not
7    less than 30 years.
8    "Faith-based organization" means:
9        (1) a religious corporation;
10        (2) a religious congregation; and
11        (3) any nonprofit corporation, not-for-profit
12    corporation, or other nonprofit entity that is tax-exempt
13    under Section 501(c)(3) of the Internal Revenue Code and
14    is controlled by, affiliated with, or acting at the
15    direction of an entity described in paragraph (1) or (2)
16    for religious, charitable, or community-service purposes.
17    "Generally applicable code" means a building, fire,
18life-safety, electrical, plumbing, mechanical, energy,
19accessibility, stormwater, floodplain, health, or similar
20code, ordinance, or regulation that:
21        (1) applies broadly to the jurisdiction or to a zoning
22    district or overlay without regard to the identity of the
23    landowner or the religious status of the property;
24        (2) is not applied in a manner that imposes
25    requirements on a development authorized by this Act that
26    are more burdensome than those imposed on comparable
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1    developments; and
2        (3) does not include any discretionary approval
3    process, subjective design guideline, or standard whose
4    satisfaction is determined by a board, commission,
5    council, or other discretionary body.
6    "Gross floor area" or "building gross floor area" means
7the sum of the gross horizontal area of all floors of all
8buildings and enclosed structures in a development, measured
9from the exterior faces of the exterior walls or from the
10centerline of walls separating two buildings, including
11mezzanines and enclosed porches, and including below-grade or
12partially below-grade floors, but excluding roof area open to
13the sky and excluding floor area devoted solely to accessory
14parking and required loading and the circulation areas serving
15such parking and loading.
16    "Group home" means a residential facility providing
17housing and support services in a community-based environment
18for individuals requiring assistance due to physical, mental,
19developmental, or behavioral disabilities.
20    "Heavy industrial use" means a storage, processing, or
21manufacturing use:
22        (1) with processes using flammable or explosive
23    materials in a manner that triggers special hazard
24    occupancy classifications under generally adopted building
25    or fire codes;
26        (2) involving hazardous conditions regulated under
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1    federal or State environmental law; or
2        (3) that is noxious or offensive from odors, smoke,
3    noise, fumes, or vibrations such that it is commonly
4    separated from residential uses in local zoning practice.
5    "Ministerial review" means a review limited to confirming
6compliance with objective standards and generally applicable
7codes, without discretion to deny, condition, or delay a
8development based on subjective criteria, public opposition,
9or policy considerations outside those standards and codes.
10    "Mixed-use" means use and development of a site consisting
11of residential and nonresidential uses in which residential
12uses occupy at least 60% of the total building gross floor area
13of the development.
14    "Multifamily" means development of a site for 3 or more
15dwelling units within one or more buildings, including a
16residential condominium.
17    "Objective standard" means a standard that:
18        (1) is stated in fixed, measurable, or otherwise
19    ascertainable terms in the text of an ordinance, code, or
20    adopted engineering manual;
21        (2) is capable of being applied and determined without
22    the exercise of personal, subjective, or aesthetic
23    judgment by a public official or body; and
24        (3) is uniformly applicable to similarly situated
25    development within the jurisdiction.
26    "Religious corporation" means a corporation formed for
		HB5083	- 6 -	LRB104 18341 RTM 31781 b
1religious purposes under the Religious Corporation Act,
2including a church, congregation, or society incorporated
3under that Act.
4    "Religious congregation" means any church, congregation,
5or society formed for the purposes of religious worship,
6whether or not incorporated.
7    "Supportive housing" means residential accommodations
8combined with on-site or off-site supportive services designed
9to assist individuals or families in maintaining stable
10housing and achieving greater independence.
11    "Trustees" includes trustees, wardens, vestrymen, or other
12officers performing duties similar to trustees for a religious
13congregation or religious corporation.
14    Section 20. Proof of qualifying status; nondiscrimination.
15    (a) A faith-based organization may demonstrate qualifying
16status by submitting any of the following:
17        (1) a recorded affidavit of incorporation or certified
18    copy thereof for a religious corporation formed under the
19    Religious Corporation Act;
20        (2) articles of incorporation, an IRS determination
21    letter, or other documentation establishing tax-exempt
22    status under Section 501(c)(3) of the Internal Revenue
23    Code as a religious or charitable organization;
24        (3) a recorded deed, trust, or other instrument
25    showing ownership or holding of title by trustees for the
		HB5083	- 7 -	LRB104 18341 RTM 31781 b
1    use or benefit of a religious congregation or religious
2    corporation; or
3        (4) other objective documentation reasonably
4    sufficient to establish that the applicant is a
5    faith-based organization.
6    (b) A unit of local government shall not condition
7approval on the faith-based organization's denomination,
8theology, mode of worship, or other religious doctrine, and
9shall apply this Act in a religion-neutral manner.
10    Section 25. Allowable uses; by-right entitlement.
11    (a) A unit of local government shall permit the following
12as allowable by-right uses on faith-based land:
13        (1) multifamily development; and
14        (2) mixed-use development.
15    (b) A unit of local government may not require a proposed
16multifamily or mixed-use development on faith-based land to
17obtain any discretionary approval in order to:
18        (1) permit the proposed use and development; or
19        (2) allow for the minimum development standards and
20    limitations established by this Act.
21    (c) The by-right entitlement under this Act applies
22whether or not the faith-based organization continues to
23operate an existing religious, educational, or community
24facility on the same parcel or adjacent parcel, and regardless
25of whether the housing is owned, leased, operated, or
		HB5083	- 8 -	LRB104 18341 RTM 31781 b
1developed by the faith-based organization or by a partner
2acting under agreement with the faith-based organization.
3    Section 30. Prohibited local requirements and constraints.
4For a multifamily or mixed-use development on faith-based
5land, a unit of local government may not:
6        (1) restrict the height of the proposed development to
7    less than 60 feet or 5 full stories, whichever permits a
8    greater height, except to the extent a lower height is
9    required to comply with a generally applicable airport
10    safety overlay required by federal law;
11        (2) require setbacks in excess of 10 feet from the
12    front of the building, 10 feet from the rear of the
13    building, and 5 feet from the side of the building, except
14    as required to satisfy generally applicable fire access
15    standards or building code light or ventilation
16    requirements;
17        (3) establish or enforce any minimum off-street
18    parking requirement for dwelling units or nonresidential
19    uses, except as necessary to comply with:
20            (A) the Americans with Disabilities Act and
21        implementing regulations; or
22            (B) other federal law that expressly requires
23        minimum parking;
24        (4) restrict development through maximum or minimum
25    density caps, floor-area ratio, lot coverage, minimum unit
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1    size, maximum unit size, maximum number of bedrooms, or
2    any other dimensional or quantitative constraint, except
3    as expressly permitted in paragraphs (1) and (2) of this
4    Section and except for generally applicable codes and
5    structural safety limits;
6        (5) prohibit or unreasonably restrict supportive
7    housing or group homes within a multifamily or mixed-use
8    development authorized by this Act;
9        (6) require the conversion to exceed standards imposed
10    by the generally adopted building code for a change of
11    occupancy for a proposed development converting an
12    existing building from a different use to a multifamily
13    use or mixed-use use, provided that this paragraph does
14    not limit generally applicable accessibility requirements;
15        (7) require review or approval based on subjective
16    standards including, without limitation, neighborhood
17    character, compatibility, aesthetic harmony, community
18    fit, or similar criteria, or require appearance-based
19    design approvals by a board, commission, council, or other
20    discretionary body as a condition of approval; or
21        (8) require a public hearing, vote of the corporate
22    authorities, plan commission recommendation, zoning board
23    recommendation, aldermanic prerogative sign-off, or any
24    other legislative or quasi-judicial proceeding as a
25    condition of approving the use or development authorized
26    by this Act.
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1    Section 35. Permitted local regulation; objective
2standards preserved.
3    (a) Nothing in this Act affects the authority of a unit of
4local government to apply to a development authorized by this
5Act requirements that are:
6        (1) generally applicable to comparable developments
7    within the jurisdiction;
8        (2) objective and ascertainable on the face of the
9    ordinance or code provision; and
10        (3) related to public health and safety.
11    (b) Permitted regulations include, without limitation:
12        (1) building codes, fire codes, and life-safety codes
13    of general applicability;
14        (2) generally applicable accessibility requirements;
15        (3) sewer, water, and utility connection requirements;
16        (4) stormwater and floodplain management requirements;
17        (5) environmental remediation requirements imposed by
18    State or federal law;
19        (6) construction-phase requirements of general
20    applicability including erosion control, dust control, and
21    hours that do not function as a denial of the by-right
22    entitlement.
23    (c) A unit of local government may impose ministerial
24permit fees that do not exceed the ministerial permit fees
25imposed on comparable multifamily or mixed-use developments.
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1However, a unit of local government may not condition approval
2on an exaction, dedication, impact fee, or contribution that
3is not also generally imposed on comparable developments, and
4any such condition shall be subject to generally applicable
5constitutional standards.
6    Section 40. Duty to approve; ministerial review;
7timelines; deemed approval.
8    (a) A unit of local government shall approve an
9application for a multifamily or mixed-use development on
10faith-based land if the development satisfies the unit of
11local government's generally applicable, objective land
12development and building regulations as limited by this Act.
13    (b) The duty to approve under subsection (a) is
14ministerial.
15    (c) Within 15 business days after submission, the unit of
16local government shall notify the applicant in writing of any
17specific, objective information required to deem the
18application complete. If the unit of local government fails to
19comply with this subsection, then the application shall be
20deemed complete.
21    (d) Within 60 days after an application is deemed
22complete, the unit of local government shall approve or deny
23the application in a written determination. A denial must
24identify each specific, objective provision of a generally
25applicable code or ordinance with which the application fails
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1to comply, and shall describe the corrective action that would
2result in compliance. If the unit of local government fails to
3approve or deny an application within the time period required
4by this subsection, then the application shall be deemed
5approved by operation of law.
6    (e) Upon deemed approval, the applicant may request, and
7the unit of local government shall issue within 10 business
8days, all permits necessary to commence construction, subject
9only to compliance with generally applicable building and
10safety codes.
11    Section 45. Enforcement; remedies; fees; waiver of
12immunity; expedited hearing.
13    (a) Any of the following may bring an action to enforce
14this Act:
15        (1) a faith-based organization that owns, leases, or
16    is developing faith-based land;
17        (2) an applicant or developer acting under agreement
18    with a faith-based organization;
19        (3) any person directly aggrieved by a violation of
20    this Act, including by unlawful denial, unlawful delay, or
21    imposition of prohibited requirements.
22    (b) An action under this Section shall be brought in the
23circuit court of the county in which the property is wholly or
24partly located.
25    (c) In an action under this Section, the court may:
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1        (1) enter declaratory judgment;
2        (2) issue a writ of mandamus compelling compliance
3    with this Act;
4        (3) issue temporary, preliminary, or permanent
5    injunctive relief;
6        (4) order issuance of permits wrongfully withheld;
7        (5) award damages for proven economic losses
8    proximately caused by the violation, including carrying
9    costs and increased construction costs attributable to
10    unlawful delay.
11    (d) The court shall award reasonable attorney's fees and
12court costs to a prevailing plaintiff.
13    (e) Any statutory, common law, or governmental immunity of
14a unit of local government is waived to the extent necessary to
15effectuate the remedies expressly authorized by this Section,
16including damages authorized under paragraph (5) of subsection
17(c).
18    (f) The circuit court shall prioritize actions under this
19Act and, upon motion of any party, shall set a hearing on
20preliminary relief as soon as practicable.
21    Section 50. Home rule.     A home rule municipality may
22not regulate faith-based land in a manner inconsistent with
23this Act. This Act is a limitation under subsection (i) of
24Section 6 of Article VII of the Illinois Constitution on the
25concurrent exercise by home rule units of powers and functions
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1exercised by the State.
2    Section 97. Severability. The provisions of this Act are
3severable under Section 1.31 of the Statute on Statutes.
4    Section 99. Effective date. This Act takes effect upon
5becoming law.