A set of state bills called the BUILD Act is garnering a variety of opinions about whether it’s a reasonable way to increase affordable housing in Illinois — especially amid concerns that portions of the proposal could decrease local control.
Since its introduction in March, the BUILD Act has drawn support from some housing advocacy groups and Democratic lawmakers, while also attracting criticism from some mayors and municipal organizations.
More smaller housing or ‘no say’?
Housing advocates say a community-by-community approach has failed for decades to produce enough affordable housing, so a statewide solution is needed.
“If the BUILD Act proposals were to go forward — not immediately, but over time — there would be a greater supply of smaller, more affordable single-family homes, two-flats, three-flats and other types of smaller housing,” said Bob Palmer, policy director for Housing Action Illinois.
Municipal leaders, including Naperville Mayor Scott Wehrli — in a video posted to his Scott Wehrli for Naperville Facebook page — say they object to the statewide approach, especially to a provision that would require municipalities to allow up to 8-unit buildings, by right, on lots zoned for single-family homes.
“The average Naperville residential lot is about a quarter-acre,” Wehrli says in the video, “and if this bill passes, the next time a home sells on your street, a developer can tear it down and replace it with eight market-rate units, by right. There will be no hearing, no city council, no vote, no say.”
Governor’s office pushing BUILD Act to address housing challenges
Gov. JB Pritzker’s office is leading the push for the BUILD Act, a package that stands for Building Up Illinois Developments and includes six pieces of legislation to “accelerate homebuilding by removing red tape and creating clear, predictable rules across jurisdictions,” the governor’s office said in a news release.
State Sen. Laura Ellman, a Naperville Democrat representing the 21st District, sponsors of one of the bills — the Housing Permit Acceleration and Fair Review Act. In a written statement, Ellman said the bill would “create a clearer and more predictable permitting process, while fully preserving municipal authority over zoning, building codes, inspections and final approvals.”
Standard rules a departure from local zoning control
Other pieces of the BUILD Act would legalize accessory dwelling units statewide, removing the power of municipalities to ban these small secondary structures, and set statewide timelines for permit reviews, allowing developers to hire a third-party reviewer if a municipality fails to meet the deadline, according to a review by the Illinois State Association of Counties.
These proposed statewide standards would differ from the current system, in which each municipality designates various zoning districts, and what types and sizes of housing are allowed.
Naperville City Council member Josh McBroom brought up the BUILD Act during the council’s April 21 meeting and asked whether staff has plans to oppose the portions that “appear to undermine our local control.”
“When bills are being proposed that significantly threaten our community’s local control, it needs to be called out publicly,” McBroom wrote on his Josh McBroom Naperville City Council Facebook page. “Whether you agree or disagree on the underlying policy, decisions that impact Naperville should not be dictated from Springfield without serious input from the communities affected.”
Marcie Schatz, assistant to the Naperville city manager, said the city is poised to speak out against the loss of local zoning control proposed by the BUILD package.
“Our concern with this (legislation) is this is a dramatic shift from local zoning authority to state zoning authority,” Schatz said during the April 21 meeting, adding that the bills “would significantly affect” the way housing development is evaluated and approved in Naperville.
Would statewide consistency spur development — or change communities?
BUILD Act supporters say standardizing rules and allowing a higher density on residential lots will incentivize the gradual development of more affordable homes.
“The BUILD proposal will improve the economic viability of creating housing throughout the region — including in DuPage County,” Palmer said. “But … the amount of housing that’s going to be created through this around the state is going to be relatively modest, and is going to happen slowly.”
Critics question how these rules would change the character of neighborhoods and how municipalities would afford the water, sewer, electric and parking infrastructure needed for additional housing — even with $100 million in infrastructure funding proposed within the bills.
The Illinois Municipal League is pitching a counterproposal called the REAL Housing Act, which offers incentives and “priority access to state capital funding” for towns that allow “duplexes, triplexes, fourplexes” and accessory dwelling units in designated areas, according to an analysis of both proposals.
“BUILD sets a uniform density floor that preempts local zoning and applies automatically,” the analysis says. “REAL treats local governments as partners, using financial carrots rather than legal sticks.”
BUILD seeks balance ‘between efficiency and local decision-making’
Naperville-area legislators emphasize that the BUILD Act is in the early stages of consideration.
“Conceptually, I — like most of us — want affordable housing,” said State Rep. Janet Yang Rohr, a Naperville Democrat representing the 41st District. “But I think the way some of the legislation — as introduced — is written, is probably not workable.”
Yang Rohr said she’s listening to concerns from the mayors of Naperville and Warrenville, then bringing those issues directly to bill sponsors and the governor’s office.
Naperville City Council member Mary Gibson posted a video to her Facebook page encouraging everyone chiming in on the BUILD Act discussion to retain “a focus on long-term community impact, rather than short-term political gain” because “we know that a diversified housing stock is essential for any thriving city.”
Wehrli, in his video, encouraged the community to join him in asking legislators to vote the BUILD Act down.
Ellman, however, said something needs to be done to help young people, families and seniors who struggle to afford a place to live.
“The BUILD initiative is a great start, and as it continues to be negotiated, I will continue to keep constituents and our municipalities first,” Ellman said. “I want to be clear that this is not about taking away municipal authority but striking the right balance between efficiency and local decision-making.”
Stay in the know – sign up for our daily news update
