An Act To Impose Requirements on the Rental of Residential Property That Has Been Used in the Manufacture of Methamphetamine
Maine Legislature, Session 129, LD 0089
Committee: Labor and Housing
Sponsors: MASTRACCIO, WOODSOME, CARNEY, FECTEAU, RYKERSON, SCHNECK, SYLVESTER
Amends: 14 MRSA §6030-H

Legislative Document
No. 89
H.P. 75
House of Representatives, January 15, 2019
An Act To Impose Requirements on the Rental of Residential 
Property That Has Been Used in the Manufacture of 
Methamphetamine
Reference to the Committee on Labor and Housing suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative MASTRACCIO of Sanford.
Cosponsored by Senator WOODSOME of York and
Representatives: CARNEY of Cape Elizabeth, FECTEAU of Biddeford, RYKERSON of 
Kittery, SCHNECK of Bangor, SYLVESTER of Portland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  14 MRSA §6030-H is enacted to read:
§6030-H.  Properties used in the manufacture of methamphetamine
1.  Decontamination, testing and disclosure required.  A landlord or other person 
who on behalf of a landlord enters into a lease or tenancy at will agreement for residential 
property who has knowledge or has reason to have known that a property has been used 
in the manufacture of methamphetamine, as described in Title 17-A, section 1124, shall, 
before a tenant or lessee enters into a contract or pays a deposit to rent or lease the 
property, ensure the following:
A.  That the property has been decontaminated and that environmental testing has 
been performed and determined that the property is safe for human habitation, in 
accordance with the standards established by the United States Environmental 
Protection Agency's March 2013 revised edition of the Voluntary Guidelines for 
Methamphetamine Laboratory Cleanup or other standards as established by the rules 
adopted by the Department of Economic and Community Development under 
subsection 4; and
B.  That the prospective tenant or lessee receives a written disclosure describing the 
decontamination efforts and results of environmental testing undertaken on the 
property in accordance with this subsection and a description of the rooms or areas of 
the property used in the manufacture of methamphetamine.
For the purposes of this section, a landlord or other person who on behalf of a landlord 
enters into a lease or tenancy at will agreement for residential property has reason to have 
known that a property has been used in the manufacture of methamphetamine if criminal 
charges have been filed against any person under Title 17-A, section 1124 alleging that 
methamphetamine has been manufactured at the property.
2.  Penalty.  A person who violates this section commits a civil violation for which a 
fine of up to $500 per violation may be assessed. This subsection is enforceable in either 
District Court or Superior Court.
3.  Breach of implied warranty.  The failure of a landlord or other person who on 
behalf of a landlord enters into a lease or tenancy at will agreement for a residential 
building to provide for the decontamination and testing or the notice required under 
subsection 1 is a breach of the implied warranty of fitness for human habitation in 
accordance with section 6021.
4.  Rulemaking.  The Department of Economic and Community Development may 
adopt rules to implement this section. Rules adopted pursuant to this subsection are 
routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
SUMMARY
This bill requires that landlords and other persons entering into a lease or tenancy at 
will agreement for residential property ensure that property used in the manufacture of 
methamphetamine be decontaminated and tested in accordance with the standards 
established by the United States Environmental Protection Agency's March 2013 revised 
edition of the Voluntary Guidelines for Methamphetamine Laboratory Cleanup or other 
standards established in rule by the Department of Economic and Community 
Development.  The bill also requires that landlords and other persons entering into a lease 
or tenancy at will agreement disclose to the potential tenant or lessee that a property has 
been used in the manufacture of methamphetamine.  The bill makes violation of these 
provisions a civil violation, punishable by a fine of up to $500, and also states that failure 
to decontaminate or disclose constitutes a breach of the implied warranty of fitness for 
human habitation.  The bill gives the Department of Economic and Community 
Development authority to adopt rules to implement these provisions.