Mascoutah — Ch. 13 Fair Housing Code § 13-1-12
Limitations
Operative Text
Nothing in this Code shall require an owner to offer property to the public at large before selling or renting it, providing he complies with all other provisions of this Code. Nor shall this Code be deemed to prohibit owners from giving preference to prospective tenants or buyers for any reason other than religion, race, color or national origin. Nothing in this Code shall require an owner to offer property for sale or lease or to show his property to any person if such person is not negotiating for the purchase or lease of such property in good faith.
Section 13-1-12 of Mascoutah's Fair Housing Code clarifies what the Code does not require or prohibit. Owners are not obligated to market property to the general public before selling or renting, as long as they comply with the Code's other provisions. Owners may give preference to prospective tenants or buyers for reasons unrelated to religion, race, color, or national origin, and they are not required to show or offer property to anyone who is not negotiating in good faith.
Plain English — not legal advice.
Under § 13-1-12, property owners in Mascoutah retain flexibility in how they market and show their properties, provided they remain compliant with the rest of Ch. 13. Compliant operators generally ensure that any preferences applied in tenant or buyer selection are based on criteria unrelated to the protected classes identified in the Code—religion, race, color, and national origin. Documenting the basis for selection decisions and good-faith negotiation requirements can help demonstrate ongoing compliance with the broader Fair Housing Code.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 13-1-12 defines the boundaries of owner discretion under Mascoutah's Ch. 13 Fair Housing Code, which means that while owners have some latitude in selecting tenants, they may not use religion, race, color, or national origin as a basis for preference. If a prospective tenant believes a denial or differential treatment was rooted in one of those protected characteristics, the broader provisions of Ch. 13 may provide a basis for raising a complaint. Tenant-rights organizations or a local fair housing agency can help individuals understand what enforcement paths may be available under the Code.
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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