The 2003 Illinois Affordable Housing Planning and Appeal Act (AHPA) is the most recent state statute patterned on the Massachusetts Comprehensive Permit Law approach to combating regulatory barriers. The practical impact of the Illinois statute has yet to be determined. Developers who believe their applications to build or preserve affordable housing have been denied or unduly burdened by reguatory barriers have been able to appeal those applications to the state's new Housing Appeals Board only since 2009.

 

However, in his in-depth report on the statute this Summer, law clerk Jordan Silver (GWU Law '12) discussed unresolved questions about its enforcibility, such as: (1) the effect of the state's unusually strong legal protection of local home rule, and (2) the limited standards to guide localities in deciding whether to approve an affordable housing proposal. Like similar statutes in Massachusetts, Connecticut, and Rhode Island, the Illinois statute seems to be only a partial solution to the regulatory barriers problem.