What fair housing laws must landlords follow?

Fair Housing Laws Landlords Must Follow in Maine

As a landlord operating in Maine, it is essential to understand and comply with fair housing laws to ensure equitable treatment of all prospective and current tenants. These laws are designed to prevent discrimination based on certain protected characteristics and promote equal opportunity in housing. Failure to comply with Maine’s fair housing requirements can result in legal penalties, damage to your reputation, and difficulties in managing rental properties.

This guide outlines the fair housing laws landlords must follow specifically in the state of Maine.

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Overview of Fair Housing Laws in Maine

Landlords in Maine must adhere to both federal and state fair housing laws. While federal laws set the baseline protections with the Fair Housing Act, Maine law provides additional safeguards that landlords must also observe.

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Federal Fair Housing Act Protections

Under the federal Fair Housing Act, landlords cannot discriminate against tenants or prospective tenants based on the following protected classes:

• Race
• Color
• National origin
• Religion
• Sex (including gender identity and sexual orientation)
• Familial status (presence of children under 18 in the household)
• Disability

These federal protections apply nationwide, including Maine, and dictate lawful practices in advertising, tenant screening, lease terms, access to housing, and evictions.

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Maine Fair Housing Act Protections

Maine’s fair housing laws expand on federal protections, providing additional safeguards. The Maine Human Rights Act (MHRA) prohibits discrimination in housing based on:

• Age
• Ancestry
• Sexual orientation (explicitly stated)
• Gender identity or expression
• Marital status
• Lawful source of income (included as a protected class in Maine)
• Physical or mental disability or use of a trained dog guide or service animal

Key Points about Maine Protections:

• Lawful Source of Income: Landlords cannot refuse to rent a dwelling to someone solely because their income comes from a legal source such as government assistance, child support, Social Security benefits, or disability payments.
• Age: Unlike federal law, Maine prohibits age discrimination in housing, although certain senior housing exemptions may apply.
• Gender Identity and Sexual Orientation: Explicit protection ensures LGBTQ+ tenants are safeguarded against housing discrimination beyond federal protections.

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Prohibited Practices for Maine Landlords

To comply with fair housing laws, landlords must avoid discriminatory practices in the following areas:

Advertising and Marketing

• Do not use language or images that indicate a preference or limitation based on protected classes.
• Avoid statements such as “no children,” “ideal for seniors,” or “singles preferred” that can be discriminatory.
• Advertise rental properties in a manner accessible and welcoming to all.

Screening and Application Process

• Apply consistent guidelines when evaluating applications.
• Do not reject applicants based on a protected characteristic.
• Avoid asking questions or requiring information that discriminates on protected bases.

Lease Terms and Conditions

• Provide uniform lease terms and rules to all tenants.
• Do not impose different security deposits, rent amounts, or rules based on protected class status.

Maintenance and Services

• Ensure equal access to maintenance, repairs, and common facilities for all tenants.
• Do not withhold services or amenities based on protected class status.

Eviction and Termination

• Evictions or lease terminations cannot be discriminatory.
• Landlords must have legally valid, nondiscriminatory reasons for lease termination.

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Reasonable Accommodations and Modifications for Disabilities

Maine landlords must comply with reasonable accommodation and modification requirements for tenants with disabilities. This includes:

• Accommodations: Changes to rules, policies, or services to afford equal opportunity (such as allowing a service animal in a no-pets building).
• Modifications: Physical changes to the rental unit or common areas (such as installing grab bars) at the tenant’s expense (unless the landlord agrees otherwise).

Landlords must engage in an interactive process with tenants who request accommodations or modifications. Requests should be evaluated on an individual basis and cannot be unreasonably denied.

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Enforcement of Fair Housing Laws in Maine

The Maine Human Rights Commission (MHRC) enforces the state’s fair housing laws. Tenants who believe they have been discriminated against may file a complaint with the MHRC.

Maine landlords found to have violated fair housing laws may be subject to:

• Administrative penalties and fines
• Compensatory damages to tenants
• Injunctions or other court orders to prevent further discrimination

Understanding enforcement mechanisms emphasizes the importance of compliance and proactive tenant communication.

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Best Practices for Maine Landlords to Ensure Compliance

• Develop Written Policies: Create clear tenant selection criteria and policies that comply with fair housing laws.
• Educate Staff and Agents: Ensure any third-party agents or property managers understand Maine’s fair housing requirements.
• Use Standardized Application Forms: Avoid asking discriminatory questions, and request only information relevant to rental qualifications.
• Maintain Detailed Records: Document all tenant interactions, screening processes, and decisions to provide evidence of non-discrimination.
• Respond Promptly to Accommodation Requests: Engage in good-faith discussions with tenants requesting disability accommodations or modifications.
• Regularly Review Advertising and Leasing Materials: Ensure all published materials comply with both federal and state laws.
• Stay Informed: Keep updated on changes to Maine fair housing laws and related legal developments.

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Summary

Landlords in Maine are required to comply with both federal and state fair housing laws to prevent discrimination on the basis of a wide array of protected characteristics, including those unique to Maine law such as lawful source of income and age. Compliance involves nondiscriminatory practices in advertising, tenant screening, lease terms, maintenance, and eviction procedures. Additionally, landlords must provide reasonable accommodations and modifications for tenants with disabilities.

By understanding Maine’s fair housing regulations and adopting best practices, landlords can foster fair, lawful, and successful rental operations.

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For more detailed guidance or assistance, landlords can consult the Maine Human Rights Commission or seek legal counsel specializing in landlord-tenant law.