Mascoutah — Ch. 29 Art. III Environmental Requirements (Property Maintenance) § 29-3-44
Overcrowding
Operative Text
The maximum occupancy of any dwelling unit shall not exceed the following requirements. (a) A minimum of 150 feet of floor space shall be required for the first occupancy and 100 square feet for each additional occupant. The floor space shall be calculated on the basis of total habitable room area. (b) Every room occupied for sleeping purposes by one occupant shall contain at least 70 square feet of floor area, and every room occupied for sleeping purposes by more than one person shall contain at least 50 square feet of floor area for each occupant thereof. TABLE 29-3-44 MINIMUM OCCUPANCY REQUIREMENTS Minimum occupancy area in square feet (square meters) Space 1--2 occupants 3--5 occupants 6 or more Living room No requirements 120 (11.16) 150 (13.95) Dining room No requirements 80 (7.44) 100 (9.30) Kitchen 50 (4.65) 50 (4.65) 60 (5.58) Combined living room/dining room spaces will be construed as meeting the requirements of this table if the total area is equal to that required for separate rooms and if the space is so located that it may function as a combination living room/dining room.
Mascoutah Ch. 29 Art. III § 29-3-44 sets maximum occupancy limits for dwelling units based on floor space. The first occupant requires at least 150 square feet of total habitable area, with each additional occupant requiring 100 more square feet. Sleeping rooms must meet their own minimums — at least 70 square feet for a single sleeper and at least 50 square feet per person when shared — and living, dining, and kitchen spaces must also meet the square-footage thresholds specified in Table 29-3-44 depending on how many people occupy the unit.
Plain English — not legal advice.
Operators managing rental properties in Mascoutah should be familiar with the occupancy formulas in § 29-3-44 before advertising or leasing a unit. A compliant operator generally calculates total habitable floor area, applies the per-occupant minimums for both the overall unit and individual sleeping rooms, and verifies that common spaces such as kitchens, dining rooms, and living rooms meet the room-specific thresholds in Table 29-3-44 for the anticipated household size. Keeping documentation of floor-area measurements on file can support a showing of compliance if questions arise during a property inspection.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 29-3-44 of Mascoutah's property maintenance code establishes minimum space standards that a dwelling unit must meet for the number of people living there, including requirements for sleeping rooms and common areas. If a tenant believes a unit is overcrowded under these standards — for example, that sleeping rooms or shared spaces fall below the square-footage minimums in Table 29-3-44 — that concern can generally be raised with the local code enforcement or property maintenance authority. Tenant-rights organizations can help residents understand how these occupancy rules apply and what complaint or inspection processes may be available.
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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