One key effect of HB1814 is the limitation it imposes on home rule powers for municipalities. Municipalities may set regulations concerning the siting and design of middle housing but are restricted from creating measures that could discourage the development of such housing types. This aspect aims to streamline the approval process and potentially accelerate the construction of adequate housing options in the state, hoping to address the housing crisis by making various types of residential accommodations more widely available.
House Bill 1814, also known as the Missing Middle Housing Act, proposes amendments to the Illinois Municipal Code, particularly regarding zoning laws for middle housing. The bill mandates that cities with populations of 25,000 or more must permit various middle housing types, including duplexes, triplexes, quadplexes, cottage clusters, and townhouses on residential lots exceeding 5,000 square feet starting from January 1, 2026. For municipalities with populations between 10,000 and 25,000, the bill requires permission for duplex development on residentially zoned properties that allow single-family units.
The legislation reflects a significant shift in local governance regarding housing development. Supporters argue that it will increase housing supply and diversity, making it easier for different demographics to access housing within urban areas. However, detractors warn that the top-down approach could undermine local zoning control and inhibit the flexibility of municipalities to respond to their unique housing market challenges. The regulation's emphasis on compliance with state land use planning goals also raises concerns among local officials about balancing local needs with state mandates.