An Act To Guarantee Housing Rights during a State of Civil Emergency
Maine Legislature, Session 130, LD 1296
Committee: Judiciary
Sponsors: COLLINGS, BALDACCI, TALBOT ROSS
Amends: 14 MRSA §6016-B, 35-A MRSA §704

Legislative Document
No. 1296
H.P. 952
House of Representatives, March 30, 2021
An Act To Guarantee Housing Rights during a State of Civil 
Emergency
(EMERGENCY)
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative COLLINGS of Portland.
Cosponsored by Senator BALDACCI of Penobscot and
Representative: TALBOT ROSS of Portland.
Emergency preamble.  Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, this legislation needs to take effect before the expiration of the 90-day 
period in order to protect the health and safety of tenants and maintain their access to 
housing during the state of emergency that has been declared and renewed by the Governor; 
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 §6016-B is enacted to read:
§6016-B.  Remedy limited during state of emergency
During a state of emergency proclaimed by the Governor pursuant to Title 37-B, 
section 742, the process of forcible entry and detainer may not be commenced or 
maintained and judgment for forcible entry and detainer may not be granted for failure of 
a tenant to pay rent.
Sec. 2.  35-A MRSA §704, sub-§1, as amended by PL 1999, c. 398, Pt. A, §18 and 
affected by §§104 and 105, is further amended to read:
1.  Residential customers.  The commission shall adopt and promulgate reasonable 
rules after a hearing concerning the termination or disconnection of any residential 
customer's service by a transmission and distribution, gas, water or telephone utility of the 
State.  These rules apply generally to all such utilities within the commission's jurisdiction 
and must provide for adequate written notice by that utility to the residential customer that 
the customer's utility bill has not been paid, and a notice of the prospective termination or 
disconnection and the right, prior to disconnection, to enter into reasonable installment 
payment arrangements with that utility; to settle any dispute concerning the proposed 
disconnection at an informal hearing with that utility and to appeal the results of that 
utility's decision to the commission.  The rules must also provide that there may be no 
termination or disconnection during a limited medical emergency and for a just and 
reasonable procedure regarding reconnections of utility service and deposit requirements.  
The rules must also provide that there may be no termination or disconnection during a 
state of emergency proclaimed by the Governor pursuant to Title 37-B, section 742.
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
This bill provides that during a state of emergency proclaimed by the Governor, the 
process of forcible entry and detainer may not be commenced or maintained and judgment 
for forcible entry and detainer may not be granted for failure of a tenant to pay rent.  It also 
provides that a utility regulated by the Public Utilities Commission may not terminate or 
disconnect utility service for a residential customer during a state of emergency proclaimed 
by the Governor.