February 24, 2026
By Peter Friedman and Marcus Martinez
As the second installment of our ongoing series analyzing the legislative components of Governor Pritzker’s proposed housing agenda, the Building Up Illinois Developments (BUILD) initiative, this alert focuses on the proposed mandates and restrictions related to parking.
The initiative’s parking reform component is Senate Bill 4064, filed by Senator Cervantes on February 19, 2025. This legislation amends the Illinois Municipal Code to limit municipal authority to require minimum parking restrictions for specified residential and nonresidential spaces. The legislation proposes that these new mandates will take effect on January 1, 2027.
If enacted, SB 4064 would bar home rule and non-home rule municipalities from requiring developers to provide more than 0.5 parking spaces per multifamily dwelling unit or more than one parking space per single-family home. The bill would also prohibit municipalities from imposing minimum parking requirements for:
- residential dwellings under 1,500 square feet;
- affordable housing projects under the Illinois Affordable Housing Act;
- assisted living facilities;
- ground level nonresidential spaces in mixed-use buildings; and
- buildings being converted from a nonresidential use to a residential use.
The bill follows the precedent set by the recently adopted People Over Parking Act, which similarly prohibited home rule and non-home rule municipalities from imposing parking requirements for new developments located near transit stations and high-frequency bus routes. As with the People Over Parking Act, SB 4064 provides exemptions from these municipal parking limitations for spaces designated for people with disabilities and for parking requirements that were contractually agreed to or officially approved on or before the law’s effective date.
Should it become law, Senate Bill 4064 would significantly curtail municipal control over off-street parking requirements statewide, establishing uniform caps and eliminating minimum parking mandates for several common development types. By limiting the number of spaces municipalities can require and prohibiting parking minimums altogether for smaller units, affordable housing, adaptive reuse projects, and certain mixed-use developments, the legislation aims to reduce development costs and remove a barrier to housing production.
Consistent with the transit-oriented reforms adopted under the People Over Parking Act, SB 4064 would represent a significant statewide shift away from local control over parking and specifically away from mandatory parking minimums and toward a more top-down, state-wide approach. Under the legislation in its current form, municipalities will need to revisit existing zoning ordinances, development review processes, and long-term planning strategies to ensure consistency with the new state mandate.
As the legislative session progresses, this proposed legislation will likely continue to evolve through ongoing review and negotiation. We will continue to monitor developments and keep our clients apprised of changes to the bill and the potential impact on local development controls. In the meantime, please contact Peter Friedman, Marcus Martinez, or any other Elrod Friedman attorney for additional guidance on parking requirements or other components of the BUILD initiative.