Our original Legislative Alert on this bill included information that was inaccurate. Provisions regarding home maintenance and storage restrictions are not part of the bill currently being considered in the House. In your communications with legislators, do not include any comments about these provisions and focus only on the bill’s limitations on local building inspection authority over residential structures. We apologize for any confusion.
House Bill 2206 - LOCAL RESIDENTIAL INSPECTIONS, which preempts home rule powers, would only allow home inspections by a unit of local government under the following circumstances:
A fire, medical, or police emergency,
As otherwise permitted by specified provisions of Section 9 of the Fire Investigation Act,
Voluntary consent of the owner or occupant of the property,
A lawful warrant, or
A court order.
Perhaps as a way to deflect criticisms that the bill would unreasonably limit local governments’ ability to ensure for safe structures, the bill also imposes requirements on owners to maintain their buildings, as well as restrictions on what they may store at their properties.
Status: On March 21, HB2206 unanimously passed out of the Counties and Townships Committee and was scheduled for a second reading on that same date. TODAY, 3/29, there was finally a second reading and is subsequently scheduled for a third reading TODAY as well.
Sponsor: Rep. Sam Yingling (D-62nd Dist., Lake County), Rep. Dan Brady (R-105th Dist., McLean County)
Show your OPPOSITION to Illinois House Bill 2206 by contacting your legislators:
Step #1: Visit www.elections.il.gov to find your legislators and their contact information.
Step #2: Email your legislators and let them know they should OPPOSE HB2206.
Why you should OPPOSE this bill: Perhaps unsurprisingly, Rep. Yingling is a realtor and the realtors have long sought legislative relief from what they believe are unnecessary government intrusions into how real estate markets function. Home inspections has been a target of theirs for years. The trouble is, home inspections—which in most instances have a loose connection to zoning—play an important role in ensuring for a safe supply of housing in communities throughout Illinois. It may come as a surprise to realtors, but many people are not very good at maintaining their homes in a safe manner, which creates problems for neighboring properties and property values. This fact is precisely why the bill’s requirements on how property owners’ maintain their properties and limits on what owners may store at their properties are empty provisions, and create a need for more, not less, inspections. HB2206 also runs counter to several Illinois statutes that specifically authorize home inspections to ensure, in conjunction with other regulations like zoning and subdivision powers, for an adequate supply of safe housing. Many communities use a system of issuing, after a home inspection, “zoning certificates” prior to issuing certificates of occupancy to ensure compliance with zoning. This provides lenders with an important assurance that the property is being used in a manner consistent with zoning, allowing a smooth flow of capital to real estate markets across the state. This bill would upend these systems and complicate important home inspection programs designed to ensure for safe housing, but also stable real estate markets.
Recommendation: Contact your state legislators to Oppose HB2206 as introduced.
Other bills we're following....
HB2157 - MUNI-ANNEX CONTIGUOUS LAND
OPPOSE Illinois House Bill 2157. Amendment No. 2 Re-Referred to Rules Committee 3/29/19.
SB1675 - MUNI CD-CROP PROTECTION DEVICE
OPPOSE Illinois Senate Bill 1675. Passed through the Executive Committee 3/27. Second reading 3/29/19.
HB0305 - MUNICIPAL CONVENTION EXPENSES
OPPOSE Illinois House Bill 0305. Amendment No. 1 Re-Referred to Rules Committee 3/29/19
HB3185 - LOCAL RESIDENTIAL INSPECTIONS
OPPOSE Illinois House Bill 3185. Re-Referred to Rules Committee 3/29/19.