An Act To Reduce the Risk of Hypothermia in Residential Rental Units
Maine Legislature, Session 124, LD 0983
Committee: Legal and Veterans Affairs
Sponsors: SULLIVAN, TRINW ARD, BLISS, COURTNEY, MARRACHE, PLOWMAN, BEAULIEU, CAMPBELL, CONNOR, MILLER, NASS, PENDLETON, PERRY, PRIEST, RUSSELL, SANBORN, TUTTLE, VALENTINO
Amends: 14 MRSA §6021

MAINE STATE LEGISLATURE 
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124th MAl E LEGISLATURE 
Legislative Document 
No. 983 
S.P.366 
In Senate, March 12,2009 
An Act To Reduce the Risk of Hypothermia in Residential Rental 
Units 
(EMERGENCy) 
Reference to the Committee on Legal and Veterans Affairs suggested and ordered printed. 
Presented by Senator SULLIVAN of York. 
Cosponsored by Representative TRINW ARD of Waterville and 
9t8(J~ 
JOY J. O'BRIEN 
Secretary of the Senate 
Senators: BLISS of Cumberland, COURTNEY of York, MARRACHE of Kennebec, 
PLOWMAN of Penobscot, Representatives: BEAULIEU of Auburn, CAMPBELL of 
Newfield, CONNOR of Kennebunk, MILLER of Somerville, NASS of Acton, PENDLETON 
of Scarborough, PERRY of Calais, PRIEST of Brunswick, RUSSELL of Portland, SANBORN 
of Gorham, TUTTLE of Sanford, VALENTINO of Saco. 
Printed on recycled paper 
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 costs of heating oil and economic difficulties have resulted in a 
reduction in the heat and heating fuel supplied by certain landlords to their tenants; and 
Whereas, there is an immediate need to clarify a landlord's legal responsibility to a 
tenant with respect to heating requirements; 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 
Be it enacted by the People ofthe State of Maine as follows: 
Sec. 1. 14 MRSA §6021, sub-§6, 18, as enacted by PL 1983, c. 764, §1, is 
amended to read: 
B. 
The dwelling unit's heating facilities are not capable of maintaining. do not 
maintain a minimum temperature of at least 68 degrees Fahrenheit at a distance of 3 
feet from the exterior walls, 5 feet above floor level at an outside temperature of 
minus 20 degrees Fahrenheit; or 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation take~ effect when approved. 
SUMMARY 
The purpose of this bill is to reduce the risk of serious illness caused by exposure to 
cold conditions by clarifying the obligation to provide heat to residential rental units. 
Current law provides that it is a breach of the implied warranty of fitness for human 
habitation when a dwelling unit's heating facilities are not capable of maintaining a 
minimum temperature of at least 68 degrees Fahrenheit. This bill provides instead that it 
is a breach of the implied warranty when the dwelling unit's heating facilities do not 
maintain that minimum temperature. 
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