An Act To Authorize Municipalities To Protect the Habitability of I Rental Housing during Heating Fuel Emergencies
Maine Legislature, Session 124, LD 1029
Committee: State and Local Government
Sponsors: CASAVANT, SULLIVAN, BEAUDETTE, BEAUDOIN, LOVEJOY, PEOPLES, STUCKEY, TUTTLE, WAGNER
Amends: 14 MRSA §6026-A

MAINE STATE LEGISLATURE 
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124th MAINE'LEGISLATU 
Legislative Document 
No. 1029 
H.P. 
House of Representatives, March 17,2009 
An Act To Authorize Municipalities To Protect the Habitability of 
I 
Rental Housing during Heating Fuel Emergencies 
(EMERGENCY) 
Reference to the Committee on State and Local Government suggested and ordered printed. 
Presented by Representative CASAVANT of Biddeford. 
Cosponsored by Senator SULLIVAN of York and 
'-77/d~ /71. 71l!LC;:fodc~{ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: BEAUDETTE of Biddeford, BEAUDOIN of Biddeford, LAJOIE of . 
Lewiston, LOVEJOY of Portland, PEOPLES of Westbrook, STUCKEY of Portland, TUTTLE 
of Sanford, WAGNER of Lewiston. 
PrintL'u un recycled pUpt:1 
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Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, the price of heating fuel this winter may result in some rental housing 
units being without necessary fuel supplies; and 
Whe'reas, the municipalities in this State have an abiding interest in preventing the 
dislocation of citizens who rent or lease the properties in which they reside; and 
Whereas, the authority of municipalities to directly provide heating fuel in 
emergency circumstances to privately owned leased premises and secure an appropriate 
reimbun;ement from the landlord is not a well-settled matter of law; and 
Whereas, the authority of municip,alities to protect the habitability of rental housing 
during heating fuel emergencies must be immediately clarified or established; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 14 MRSA §6026-A is enacted to read: 
§6026-A. Municipal intervention to provide delivery of heating fuel 
In accordance with the procedures provided in this section, the municipal officers of 
any town or city or their designee may provide for the delivery 'of heating fuel and any 
associated heating system repair activities to ensure the continued habitability of any 
premises leased for huinan, habitation.' 
1. 
Leased premises must be out or nearly out of heating fuel. 
The leased 
premises must be out of heating fuel or nearly out of heating fuel such that the municipal 
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officers or their designee can make a finding that an'imminent threat to the continued 
habitability of the premises exists. 
2. Attempt to contact landlord. 
The municipal officers or their designee must 
document a good faith attempt to contact the landlord of the premises under subsection 1 
. regarding: 
A. The municipality's determination of the threat to habitability; 
B. The municipality's intention to provide for the delivery of heating fuel; 
C. The municipality's intention to subsequently recover the municipality's direct and 
administrative costs from the landlord; and 
D. The landlord's ability to avert the municipality's actions by causing the delivery of 
adequate supplies of heating fuel by a time certain. 
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This communication to the landlord must be either in person, by telephone or by certified 
mail as may be warranted considering the degree or imminence of the threat. 
3. Municipality may provide for delivery of heating fuel. If the landlord cannot 
be contacted in a timely manner or if the landlord does not cause the delivery of adequate 
supplies of heating fuel by a deadline identified by the municipal officers or their 
6clesl@ee,themunICipality mayprovidefor-ihe ddivery of an adequate supply of heating 
fuel and whatever attendant activities may be necessary to ensure the proper functioning 
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of the leasedptehiises' heating system. 
4. Lien. The municipality has a lien against the landlord of the leased premises for 
the amount of money spent by the municipality to provide fot the adequate supply of 
heating fuel and attendant activities pursuant to this section, as well as all reasonably 
related administrative costs pursuant to subsection 3. 
5. Filing of notice of lien; interest; costs. The municipal officers or their designee 
shall file a notice of the lien with the register of deeds of the county in which the property 
is located within 30 days of providing for the delivery of heating fuel. That filing secures 
the municipality's lien interest for an amount equal to the costs recoverable pursuant to 
this section. Not less than 10 days prior to the filing, the municipal officers or their 
designee shall send notification of the proposed action by certified mail, return receipt 
requested, to the owner of the real estate and any record holder of the mortgage. The lien 
notification must contain the title, address and telephone number of the municipa.1 official 
or officers who authorized the provision of heating fuel, an itemized list of the costs to be 
recovered by lien and the provisions of this subsection regarding interest rates and costs. 
The lien is effective until enforced by an action for equitable relief or until discharged. 
Interest on the amount of money secured by the lien may be charged by the municipality 
at a rate determined by the municipal officers but in no event may the rate exceed the 
maximum rate of interest allowed by the Treasurer of State pursuant to Title 36, section 
186. Interest accrues from and including the date the lien is filed. The costs of securing 
and enforcing the lien are recoverable upon enforcement. 
Emergency. clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill authorizes municipalities to provide for the delivery of heating fuel to rental 
housing units that are facing an imminent threat of becoming uninhabitable because of a 
lack of heating fuel. The bill establishes a set of procedures the municipality must follow 
before providing for the delivery of heating fuel thatare designed tQ allow the landlord to 
avert municipal delivery of heating fuel by providing for the necessary delivery of 
heating fuel. The bill also provides for a municipal lien on the rental property in order to 
recover the direct and administrative costs associated with providing for the heating fuel.