LOC GOVT-FAMILY FIRST HOUSING

Illinois General Assembly - Full Text of HB5791

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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,
3
represented in the General Assembly:

4

Section 1.
Short title.
This Act may be cited as the
Family
5
First Housing Act.

6

Section 5.
Definitions.
As used in this Act:
7

"Accessory dwelling unit" means a residential living unit
8
that is located on a lot containing a single-family dwelling,
9
that provides independent living facilities for one or more
10
persons, including provisions for sleeping, eating, cooking,
11
and sanitation, on the same parcel of land as the principal
12
dwelling unit it accompanies, and that is either separated
13
from or attached to the primary dwelling unit.
14

"Owner-occupied residential property" means property on
15
which the owner maintains the owner's primary residence.
16

"Qualifying parent" includes a biological parent, adoptive
17
parent, stepparent, or the permanent legal guardian of the
18
property 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,
21
resolution, covenant, rule, deed restriction, declaration,
22
bylaw, or homeowners' association rule, an owner-occupied

HB5791
- 2 -
LRB104 22005 TRT 38039 b
1
residential property may contain one accessory dwelling unit
2
for occupancy by a qualifying parent of the property owner or
3
the property owner's spouse.
4

(b) A municipality, county, township, or other unit of
5
local government or homeowners' association, condominium
6
association, or other similar entity may not prohibit the
7
construction, installation, occupancy, or use of an accessory
8
dwelling 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
19
government 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
4
inconsistent with this Act is void and unenforceable as
5
against the public policy of this State.
6

(f) A property owner aggrieved by a violation of this Act
7
may bring an action for declaratory and injunctive relief in a
8
court of competent jurisdiction. A prevailing property owner
9
shall be entitled to reasonable attorney's fees and costs.
10

(g) A municipality, county, township, or other unit of
11
local government may investigate alleged violations of this
12
Act and enforce compliance through reasonable administrative
13
or judicial remedies.
14

(h) If an accessory dwelling unit authorized under this
15
Act is used in violation of this Act, including occupancy by a
16
person other than a qualifying parent or parents, or use as a
17
rental or short-term rental, the municipality, county,
18
township, 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
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LRB104 22005 TRT 38039 b
1
false information regarding owner occupancy or qualifying
2
familial relationship shall not be entitled to protections
3
under this Act.
4

(j) A home rule unit may not regulate accessory dwelling
5
units for family care in a manner inconsistent with this Act.
6
This Section is a limitation under subsection (i) of Section 6
7
of Article VII of the Illinois Constitution on the concurrent
8
exercise by home rule units of powers and functions exercised
9
by the State.

10

Section 99.
Effective date.
This Act takes effect on
11
January 1, 2027.

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