Mascoutah — Ch. 29 Art. III Environmental Requirements (Property Maintenance) § 29-3-41
Below grade rooms
Operative Text
Basement rooms shall not be used to meet the minimum gross floor area requirements of a dwelling unit unless such rooms are in accordance with this Code.
Section 29-3-41 of Mascoutah's Ch. 29 Art. III Environmental Requirements establishes that basement or below-grade rooms cannot be counted toward the minimum floor area that a dwelling unit is required to have, unless those rooms meet the standards set out elsewhere in the Code. In other words, a basement space must satisfy specific code requirements before it qualifies as livable square footage. This rule shapes how the total habitable area of a dwelling unit is calculated and verified.
Plain English — not legal advice.
Under § 29-3-41, property owners and managers in Mascoutah must ensure that any basement rooms they wish to include in a dwelling unit's gross floor area calculation are fully compliant with the applicable provisions of Ch. 29 Art. III. Compliant operators typically document that below-grade spaces meet all relevant code standards—such as those governing light, ventilation, ceiling height, and egress—before representing those areas as part of a unit's habitable square footage. Advertising or renting a unit based on floor area figures that improperly include non-compliant basement rooms may expose an operator to code enforcement action.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 29-3-41 gives tenants a basis to question whether a dwelling unit's advertised or lease-stated square footage accurately reflects only code-compliant space. If a basement room does not meet the requirements of Ch. 29 Art. III, it generally cannot be counted toward the unit's minimum gross floor area, which may affect whether the unit legally meets habitability standards. Tenants who believe basement space has been improperly counted can raise this as a concern with local code enforcement authorities or consult a tenant-rights organization for guidance on available options.
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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