An Act Relating to Unlawful Housing Discrimination
Maine Legislature, Session 122, LD 0321
Committee: Judiciary
Amends: 5 MRSA §4581, 5 MRSA §4582

Legislative Document 
No. 321 
S.P.99 
In Senate, January 20, 2005 
An Act Relating to Unlawful Housing Discrimination 
Reported by Senator HOBBINS of York for the Maine Human Rights Commission 
pursuant to the Maine Revised Statutes, Title 5, section 4566, subsection 11. 
Reference to the Committee on Judiciary suggested and ordered printed under Joint Rule 
218. 
Printed on recycled paper 
JOY J. O'BRIEN 
Secretary of the Senate 
Be it enacted by the People fJf the State of Maine as follows: 
Sec. 1. 5 MRSA §4581. sub-§2. as amended by PL 1997, c. 85, 
§1, is repealed. 
Sec. 2. 5 MRS A §4581. sub-§2-A is enacted to read: 
2-A. 
Definitions. 
As used in this subchapter, unless the 
context 
otherwise 
indicates, 
the 
following 
terms 
have 
the 
following meanings. 
A. 
"Housing for older persons" means housing: 
(1) 
Provided under any state or federal program that 
is specifically designed and operated to assist elderly 
persons as defined in the state or federal program: 
(2) 
Intended for and solely occupied by persons 
years of age or older; or 
(3) 
Intended and operated for occupancy by at least 
one person 
years of age or older per unit. 
To 
qualify 
as 
housing 
for 
older 
persons 
under 
this 
subparagraph, 
the 
housing 
must 
meet 
at 
least 
the 
following criteria: 
(a) 
At least 80~ of the dwellings are occupied by 
at least one person 55 years of age or older per 
unit; and 
(b) 
The 
owner 
or 
manager 
has 
published 
and 
adheres 
to 
policies 
and 
procedures 
that 
demonstrate 
an 
intent 
to 
provide 
housing 
for 
persons 55 years of age or older. 
B. 
"Public assistance" means federal, state or local public 
assistance, 
including 
medical 
assistance 
and 
housing 
subsidies. 
Sec. 3. 5 MRSA §4581. sub-§3. "A and B. as enacted by PL 1989, 
c. 245, §3, are amended to read: 
A. 
Persons 
residing in the 
housing 
as 
of 
the date of 
enactment 
of 
this 
subsection 
who 
do 
not 
meet 
the 
requirements 
of 
subsection 
2-A, 
paragraph 
Q--e~--G ~ 
subparagraph (2) or (3), provided that new occupants of the 
housing 6B~±± must meet the age requirements of subsection 6 
2-A, 
pa~al!J'£apR5-~--and--b paragraph A, 
subparagraph (2) or 
-Lll: or 
Page l-LR0932(1) 
B. 
Unoccupied units, provided that the units are reserved 
for occupancy by persons who meet the age requirements of 
subsection 
2-A, 
~aFa~H.FlTs---.Q---and---b 
paragraph 
A, 
subparagraph (2) or (3), 
Sec. 4. 5 MRSA §4582. as amended by PL 1991, c. 99, §§13, 14, 
and 17, is further amended to read: 
§4582. Unlawful housing discrimination 
It is unlawful housing discrimination, in violation of this 
Act: 
For any owner, lessee, sublessee, managing agent or other 
person having the right to sell, rent, lease or manage a housing 
accommodation, or any agent of these L 
to make or cause to be made 
any written or oral inquiry concerning the race or color, sex, 
physical 
or 
mental 
disability, 
religion, 
ancestry, 
national 
origin eFL 
familial status or receipt of public assistance of any 
prospective 
purchaser, 
occupant 
or 
tenant 
of 
the 
housing 
accommodation; 
or to refuse to 
sho'~ or refuse to sell, rent, 
lease, let or otherwise deny to or withhold from any individual 
housing accommodation because of the race or color, sex, physical 
or 
mental disability, 
religion, 
ancestry, 
national origin 
eFL 
familial 
status 
or 
receipt 
of 
public 
assistance 
of 
the 
indi?idual; or to issue any advertisement relating to the sale, 
rental or lease of the housing accommodation wRieR that indicates 
any preference, limitation, specification or discrimination based 
upon race or color, sex, physical or mental disability, religion, 
ancestry, 
national origin 
eF L 
familial 
status or 
receipt of 
public assistance; 
or 
to discriminate against 
any 
individual 
because of race or color, 
sex, physical or mental disability, 
religion, 
ancestry, 
national 
origin 
eFL 
familial 
status 
QK 
receipt of public assistance in the price, terms, conditions or 
pr i vileges 
of 
the 
sale, 
rental 
or 
lease 
of 
any 
housing 
accommodations or in the furnishing of facilities or services in 
connection with 
any 
housing 
accommodationsTL or 
to evict or 
attempt to evict any tenant of any housing accommodation because 
of 
the 
race 
or 
color, 
sex, 
physical 
or 
mental 
disability, 
religion, 
ancestry, 
national 
origin 
eF L 
familial 
status 
or 
receipt of public assistance of the tenant; 
For any real estate broker or real estate sales person, or 
agent of one of them, to fail or refuse to show any applicant for 
a housing accommodation any accommodation listed for sale, lease 
or rentalr because of the race or color, sex, physical or mental 
disability, 
religion, 
ancestry, 
national 
origin 
eFL 
familial 
status or receipt of public assistance of the applicant or of any 
intended occupant of the accommodationrL or to misrepresent, for 
the purpose of discriminating because of the race or color, sex, 
physical 
or 
mental 
disability, 
religion, 
ancestry, 
nationa1 
origin 9FL 
familial status or receipt of public assistance of the 
applicant or intended occupant, the availability or asking price 
of a housing accommodation listed for sale, lease or rental; or 
for any reason to fail to communicate to the person having the 
right to sell or lease the housing accommodation any offer for 
the 
same 
made 
by 
any applicant; 
or 
in 
any other manner 
to 
discriminate against any applicant for housing because of race or 
color, sex, physical or mental disability, religion, ancestry, 
national 
origin 
9F L 
familial 
status 
or 
receipt 
of 
public 
assistance of the applicant or of any intended occupant of the 
housing 
accommodationTL or to 
make 
or 
cause 
to 
be 
made 
any 
written or oral inquiry or record concerning the race or color, 
sex, physical or mental disability, religion, ancestry, national 
origin 9FL 
familial status or receipt of public assistance of any 
applicant or intended occupantTL or to accept for listing any 
housing accommodation when the person having the right to sell or 
lease the same has directly or indirectly indicated an intention 
of discriminating among prospective tenants or purchasers on the 
ground 
of 
their 
race 
or 
color, 
sex, 
physical 
or 
mental 
disabili ty, 
religion, 
ancestry, 
nationa1 
origin 
~H:L 
familia1 
statusr or receipt of public assistance: or when the broker knows 
or has reason to know that the person having the right to sell or 
lease 
the 
housing 
accommodation 
has 
made 
a 
practice 
of 
discrimination since July 1, 1972; 
For any person to whom application is made for a 
loan or 
other 
form 
of 
financial 
assistance 
for 
the 
acquisition, 
construction, 
rehabilitation, 
repair 
or 
maintenance 
of 
any 
housing accommodation, whether secured or unsecured, or agent of 
the person r 
to make or cause to be made 
any oral or written 
inquiry concerning the race or color, sex, physical or mental 
disability, 
religion, 
ancestry, 
national 
origin 
9FL 
familial 
status or receipt of public assistance of any individual seeking 
financial assistancer or of existing or prospective occupants or 
tenants of housing accommodations: 
or to discriminate in the 
granting of financial assistance, or in the terms, conditions or 
privileges relating to the obtaining or use of 
any financial 
assistance, against any applicant because of the race or color, 
sex, physical or mental disability, religion, ancestry, national 
origin eFL 
familial status or receipt of public assistance of the 
applicant or of the existing or prospective occupants or tenants; 
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For 
any 
form of public housing or 
any housing that is 
financed in whole or in part with public funds offering housing 
accommodationsr containing 20 or more units, constructed on or 
after January 1, 1984 r or begun to be remodeled or enlarged at an 
estimated total cost of more than $100,000 after January 1, 1984 r 
to not have at least one unit for each multiple of 20 of those 
uni ts designed so as to be accessible to and useable by persons 
with 
physical 
disability. 
Plans 
to 
reconstruct, 
remodel 
or 
enlarge 
an 
existing building 
when 
the 
estimated total 
cost 
exceeds $100,000 are subject to this sectionr when the proposed 
reconstruction, 
remodeling or enlargement substantially affects 
that portion of the building normally accessible to the public. 
For purposes of this section, a newly constructed housing unit is 
determined accessible to and useable by persons with physical 
disability if it meets the requirements of the 1981 standards of 
construction, Section 4.34, Dwelling Units, adopted pursuant to 
Title 
25, 
chapter 
331. 
A 
remodeled, 
renovated 
or 
enlarged 
housing unit is determined accessible to and useable by persons 
wi th physical disability if it meets the requirements of the 
following 4 parts of the 1981 standards of construction adopted 
pursuant to Title 25, chapter 331: 
1. 
Accessible route. 
4.3 accessible route; 
2. 
Doors. 
4.13 doors; 
2Cl 
3. 
Adaptable bathrooms. 
4.34.5 adaptable bathrooms; and 
4. 
Tactile warnings. 
4.29.3 tactile warnings on doors to 
hazardous areas. 
With respect to any form of public housing or any housinq 
that is financed in whoie or in part with public funds offering 
housing accommodations 
containinq 
or 
more units for which 
construction is begun after October 1, 1988. no less than 10% of 
the ground level units and a minimum of 10 00 of the upper story 
units connected by an elevator must be accessible to and useable 
by 
persons 
with 
physical 
disability. 
For 
purposes 
of 
this 
section, 
a 
newly 
constructed 
housing 
unit 
is 
determined 
accessible to and useable by persons with physical disability if 
it meets the requirements of the 1986 standards set forth by the 
Amer ican 
National 
Standards 
Institute 
in 
the 
publicationr 
"Specifications for Making Buildings Accessible to and Useable by 
Physically Handicapped People," ANSI A 117.1-1986. 
A remodeled. 
renovated 
or 
enlarged 
housing 
unit 
where 
the 
remodeling. 
renovating or 
enlarging is 
begun after October 
1, 
1988 r 
is 
determined accessible to 
and useable 
by persons with FBysea± 
physical disability if it meets the requirements of the following 
parts 
of 
the 
1986 
American 
National 
Standards 
Institute 
standards: 
4.3 accessible routes; 4.23 doors; 4.34.5 adaptable 
bathrooms; 
and 4.29.3 tactile warnings 
on doors 
to hazardous 
areas. 
SUMMARY 
This bill provides 
the 
same 
protections against housing 
discrimination to recipients of public assistance as to all other 
protected classes.