Mascoutah — Ch. 13 Fair Housing Code § 13-1-11
Exemptions
Operative Text
This Code shall not apply to the rental of any room or dwelling unit in any owner-occupied dwelling which consists of more than one but less than five dwelling units. As used herein, the term "dwelling unit" means one or more rooms which are arranged, designed, or used as living quarters for one family or one individual. The term owner includes the spouse or any lineal descendant or ancestor of the owner.
Section 13-1-11 of Mascoutah's Fair Housing Code carves out an exemption from the Code's requirements for certain small, owner-occupied residential properties. Specifically, the Code does not apply when the property owner (or their spouse, child, grandchild, parent, or grandparent) lives in a building that contains between two and four dwelling units. A 'dwelling unit' under this provision means any room or set of rooms arranged or used as living quarters for one family or individual.
Plain English — not legal advice.
Under § 13-1-11, operators of small owner-occupied buildings with two to four units may fall outside the scope of Mascoutah's Fair Housing Code, provided the owner or a qualifying family member resides on the premises. Compliant operators in this category typically maintain clear documentation of owner-occupancy status and their relationship to the property. Even where this exemption applies, operators generally remain aware that other federal or state fair housing laws may independently govern their rental practices.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 13-1-11 establishes that Mascoutah's Fair Housing Code protections may not extend to renters living in small owner-occupied buildings of two to four units. Tenants in such properties can review whether their specific building actually qualifies for this exemption — for example, by confirming whether the owner or a qualifying relative genuinely occupies a unit there. Those with questions about their rights in exempt properties may find it useful to consult a tenant-rights organization or explore whether state or federal fair housing protections still apply to their situation.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 9, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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