HB 5791

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Full Text of HB5791
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	HB5791 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5791
Introduced 5/26/2026, by Rep. Jed Davis
SYNOPSIS AS INTRODUCED:
New Act
Creates the Family First Housing Act. Provides that an owner-occupied residential property may contain one accessory dwelling unit for occupancy by a parent of the property owner or the property owner's spouse. Sets forth parameters of accessory dwelling units for family care. Defines terms. Effective January 1, 2027.
LRB104 22005 TRT 38039 b
A BILL FOR
		HB5791		LRB104 22005 TRT 38039 b
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 Family
5First Housing Act.
6    Section 5. Definitions. As used in this Act:
7    "Accessory dwelling unit" means a residential living unit
8that is located on a lot containing a single-family dwelling,
9that provides independent living facilities for one or more
10persons, including provisions for sleeping, eating, cooking,
11and sanitation, on the same parcel of land as the principal
12dwelling unit it accompanies, and that is either separated
13from or attached to the primary dwelling unit.
14    "Owner-occupied residential property" means property on
15which the owner maintains the owner's primary residence.
16    "Qualifying parent" includes a biological parent, adoptive
17parent, stepparent, or the permanent legal guardian of the
18property owner or the property owner's spouse.
19    Section 10. Accessory dwelling units for family care.
20    (a) Notwithstanding any other provision of law, ordinance,
21resolution, covenant, rule, deed restriction, declaration,
22bylaw, or homeowners' association rule, an owner-occupied
		HB5791	- 2 -	LRB104 22005 TRT 38039 b
1residential property may contain one accessory dwelling unit
2for occupancy by a qualifying parent of the property owner or
3the property owner's spouse.
4    (b) A municipality, county, township, or other unit of
5local government or homeowners' association, condominium
6association, or other similar entity may not prohibit the
7construction, installation, occupancy, or use of an accessory
8dwelling unit authorized under this Act.
9    (c) An accessory dwelling unit authorized under this Act:
10        (1) may be attached to or detached from the principal
11    residence;
12        (2) may be located above a garage;
13        (3) may not be leased or rented to a person other than
14    a qualifying parent under this Act;
15        (4) may not be used as a short-term rental; and
16        (5) shall remain incidental and subordinate to the
17    principal residence.
18    (d) Nothing in this Act prohibits a unit of local
19government from enforcing reasonable:
20        (1) building codes;
21        (2) fire and life safety requirements;
22        (3) utility and sanitation requirements;
23        (4) setback requirements; or
24        (5) architectural or exterior material standards
25    generally applicable within the subdivision, development,
26    or municipality, provided such requirements do not
		HB5791	- 3 -	LRB104 22005 TRT 38039 b
1    effectively prohibit an accessory dwelling unit otherwise
2    authorized under this Act.
3    (e) Any covenant, declaration, bylaw, rule, or restriction
4inconsistent with this Act is void and unenforceable as
5against the public policy of this State.
6    (f) A property owner aggrieved by a violation of this Act
7may bring an action for declaratory and injunctive relief in a
8court of competent jurisdiction. A prevailing property owner
9shall be entitled to reasonable attorney's fees and costs.
10    (g) A municipality, county, township, or other unit of
11local government may investigate alleged violations of this
12Act and enforce compliance through reasonable administrative
13or judicial remedies.
14    (h) If an accessory dwelling unit authorized under this
15Act is used in violation of this Act, including occupancy by a
16person other than a qualifying parent or parents, or use as a
17rental or short-term rental, the municipality, county,
18township, or other unit of local government may:
19        (1) impose reasonable fines and penalties authorized
20    by local ordinance;
21        (2) seek injunctive relief;
22        (3) revoke permits or approvals associated with the
23    accessory dwelling unit; and
24        (4) prohibit continued occupancy or use of the
25    accessory dwelling unit until compliance is achieved.
26    (i) A property owner found to have knowingly provided
		HB5791	- 4 -	LRB104 22005 TRT 38039 b
1false information regarding owner occupancy or qualifying
2familial relationship shall not be entitled to protections
3under this Act.
4    (j) A home rule unit may not regulate accessory dwelling
5units for family care in a manner inconsistent with this Act.
6This Section is a limitation under subsection (i) of Section 6
7of Article VII of the Illinois Constitution on the concurrent
8exercise by home rule units of powers and functions exercised
9by the State.
10    Section 99. Effective date. This Act takes effect on
11January 1, 2027.