IL HB5512

Licensed day care homes operating in residential dwellings are considered incidental to primary residential use and constitute valid residential use under community instruments.

Community instruments cannot restrict licensed day care homes more stringently than regulations in the Child Care Act of 1969 or Department of Children and Family Services rules.

Community instruments may only prohibit day care home use if necessary to preserve health, safety, and welfare of other residents in the community.

The burden of proof rests on the party enforcing community instrument restrictions to demonstrate on a case-by-case basis that restrictions are necessary or comply with state regulations.

Condominiums, timeshares, and cooperatives are exempt from these provisions.