An Act to Protect Housing Quality by Enacting Mold Inspection,
Maine Legislature, Session 132, LD 1927
Committee: Housing and Economic Development
Sponsors: KESSLER, LIBBY
Amends: 14 MRSA §6021-B

Legislative Document
No. 1927
H.P. 1288
House of Representatives, May 6, 2025
An Act to Protect Housing Quality by Enacting Mold Inspection, 
Notification and Remediation Requirements
Reference to the Committee on Housing and Economic Development suggested and 
ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative KESSLER of South Portland.
Cosponsored by Senator LIBBY of Cumberland and
Representatives: MONTELL of Gardiner, SHAGOURY of Hallowell, WOODSOME of 
Waterboro.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  14 MRSA §6021-B is enacted to read:
§6021-B.  Treatment of leaking, visible mold and dampness
1.  Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Best practices" means mold assessment and remediation activities that are 
consistent with practices established in the Mold Remediation in Schools and 
Commercial Buildings guide published by the United States Environmental Protection 
Agency.
B.  "Common areas" means spaces that are not living spaces and that one or more 
tenants have access to on a regular basis, such as entry points, access hallways and 
stairwells, laundry rooms and storage areas.
C.  "Dampness" means chronic moisture or humidity conditions favorable to the growth 
of mold, bacteria or other biological organisms harmful to human health. 
D.  "Leaking event" means a water leak from flooding or a system or structural failure, 
such as a failure of a roof, window, door, plumbing system, foundation or appliance. 
E.  "Local health officer" has the same meaning as in Title 22, section 411, subsection 
9.
F.  "Mold assessment professional" means an individual who possesses a mold 
assessment certification from an entity accredited by a 3rd party that verifies an entity's 
certificate program and is developed and operated in compliance with nationally 
recognized standards. 
G.  "Mold remediation professional" means an individual who possesses a mold 
remediation certification from an entity accredited by a 3rd party that verifies an 
entity's certificate program and is developed and operated in compliance with 
nationally recognized standards. 
2.  Landlord duties. A landlord has the following duties.
A.  Upon written or oral notice of a leaking event in a dwelling unit or common area:
(1)  The landlord or the landlord's agent shall, within 24 hours, inspect the unit or 
common area and take all reasonable measures necessary to stop or reduce the 
scope of the leaking; and
(2)  Within 5 days, the landlord or the landlord's agent shall demonstrate reasonable 
effort to repair the source of the leak and restore the area, including by removing 
all porous building materials that have been wet for more than 48 hours. 
B.  For visible mold and dampness:
(1)  Upon written or oral notice from a tenant that a dwelling unit or a common 
area has visible mold or dampness, the landlord or the landlord's agent shall 
conduct an inspection of the unit or common area for visible mold growth or 
chronic moisture conditions within 5 days unless the tenant fails to provide access 
to the dwelling unit as required by subsection 3. If, during the inspection, an area 
of visible mold greater than 6 square feet is found, the landlord shall have the 
property assessed by a mold assessment professional; 
(2) Upon a determination that visible mold or dampness exists in a dwelling unit 
or common areas, the landlord or the landlord’s agent shall, within 10 days, create 
a written repair, clean-up and restoration plan that is shared with the impacted 
tenant or tenants; 
(3) Prior to any mold clean-up or restoration activities, the landlord or the 
landlord’s agent shall repair the underlying leaking event or dampness problem;
(4) Areas of mold contamination less than or equal to 6 square feet may be 
remediated by the landlord or the landlord’s agent. All mold remediation work 
must comply with this section; and
(5) Areas of mold contamination greater than 6 square feet must be remediated by 
a mold remediation professional in compliance with this section. 
C. A landlord may employ only a mold assessment professional or mold remediation 
professional that carries valid liability insurance. 
D. Before renting a dwelling unit, a landlord shall disclose to a prospective tenant if 
the unit, an adjacent unit or a common area is currently experiencing a leaking event 
or has visible mold or dampness or if regular dehumidification is required to prevent 
dampness. Upon request from a tenant or prospective tenant, a landlord shall disclose 
the last date that the dwelling unit the landlord seeks to rent as well as adjacent units 
and common areas were inspected for evidence of a leaking event and visible mold and 
dampness and the results of those inspections. 
E. A landlord may not offer for rent a dwelling unit if the landlord knows the dwelling 
unit has a leaking event or has visible mold or dampness or has an adjacent unit or a 
common area that has a leaking event or visible mold or dampness.
3.  Tenant duties. A tenant has the following duties.
A.  A tenant shall immediately notify a landlord or the landlord’s agent when the tenant 
knows or suspects a leaking event occurring in the tenant’s dwelling unit or a common 
area. Notification of a leaking event grants the landlord or the landlord’s agent 
emergency access to the dwelling unit or common area.
B.  Upon receiving reasonable notice pursuant to section 6025, including reasons for 
and the scope of the request for access to the premises, a tenant shall grant the landlord 
of the tenant's dwelling unit, the landlord's agent or the landlord's mold assessment 
professional or mold remediation professional and its employees access to the unit for 
the purposes of inspection, repair and restoration of the area impacted by visible mold 
or dampness. 
C.  If a mold assessment professional or mold remediation professional finds visible 
mold or dampness in the dwelling unit or in an adjacent unit, the mold assessment 
professional or mold remediation professional must be given additional access to the 
tenant's personal belongings as determined reasonable by the mold assessment 
professional or mold remediation professional. 
D.  Upon receiving reasonable notice pursuant to section 6025, a tenant shall comply 
with reasonable measures to accommodate mold assessment and remediation activities 
in the tenant's dwelling unit or in common areas and shall regularly practice reasonable 
moisture control measures in the tenant's dwelling unit as set forth by the landlord or 
the mold remediation professional. 
4.  Remedies. The following remedies are available for violations of this section.
A.  The failure of a landlord to comply with the provisions of this section constitutes a 
finding that the landlord has unreasonably failed under the circumstances to take 
prompt, effective steps to repair or remedy a condition that endangers or materially 
impairs the health or safety of a tenant pursuant to section 6021, subsection 3. 
B.  A landlord who fails to comply with the provisions of this section is liable for a 
penalty of $350 or actual damages, whichever is greater, plus reasonable attorney's 
fees. 
C.  A landlord may commence an action pursuant to section 6030-A and obtain relief 
against a tenant who fails to provide reasonable access or comply with reasonable 
requests for inspection or repair or otherwise unreasonably fails to comply with 
reasonable moisture control measures as set forth in this section. For the purposes of 
section 6030-A and this section, if a court finds that a tenant has unreasonably failed 
to comply with this section, the court may issue a temporary order or interim relief 
pursuant to Title 5, section 4654 to carry out the provisions set forth in this section, 
including but not limited to:
(1)  Granting the landlord access to the dwelling unit for the purposes set forth in 
this section;
(2)  Granting the landlord the right to engage in inspection, leak repair, visible mold 
and dampness assessment and mold remediation measures; and
(3)  Requiring the tenant to comply with the specific moisture control measures or 
assessing the tenant with costs and damages related to the tenant's unreasonable 
noncompliance. 
Unless there is an active leaking event, any order granting the landlord access to the 
dwelling unit must be served upon the tenant at least 24 hours before the landlord enters 
the dwelling unit.
D.  In addition to the remedies permitted by this section, if the landlord fails to comply 
with this section, the tenant or a group of tenants may exercise the tenants' rights 
pursuant to section 6026 with respect to the tenants' units or common areas, except that 
the maximum reasonable cost of compliance set forth in section 6026, subsection 2 
does not apply.
E.  In any action of forcible entry and detainer under section 6001, there is a rebuttable 
presumption that the action was commenced in retaliation against the tenant if, within 
months before the commencement of the action, the tenant asserted the tenant's rights 
pursuant to this section.  The rebuttable presumption of retaliation does not apply 
unless the tenant asserted that tenant's rights pursuant to this section prior to being 
served with the eviction notice. There is no presumption of retaliation if the action for 
forcible entry and detainer is brought for failure to pay rent or for causing substantial 
damage to the premises. 
5.  Additional enforcement mechanisms. In addition to the remedies provided in 
subsection 4 for violations of this section:
A.  Municipal code enforcement officers, local health officers and municipal officers 
have the authority to require compliance with this section; 
B.  Upon receipt of a request for an inspection from an occupant of a dwelling unit, 
municipal code enforcement officers, local health officers or other designated 
representatives or agents of the municipality shall use their best efforts to schedule and 
complete an inspection at a time mutually satisfactory to the occupant and the 
inspecting official. The inspection must be conducted within one business day after the 
receipt of a request alleging the existence of a leaking event or within 5 business days 
after the receipt of a request alleging the existence of visible mold and dampness; and 
C.  The municipality shall maintain a record of all requests for inspection received 
under this subsection, which must include at a minimum: 
(1)  The name of the person requesting the inspection, if provided, which may be 
kept confidential by the municipality;
(2)  The time and date of the request;
(3)  The address of the residence;
(4)  The nature of the alleged violation or violations;
(5)  The date the inspection is conducted;
(6)  A summary of the findings of the inspection; and 
(7)  A summary of actions taken, including any decision not to conduct an 
inspection because the person who made the request is not an occupant of the 
dwelling unit.
SUMMARY
This bill requires a landlord, upon receipt of a request from a tenant, to inspect a 
dwelling unit within 24 hours following a leaking event or for visible mold or dampness. 
The bill also requires a landlord to demonstrate reasonable effort to repair the source of the 
leak and restore the area within 5 days of inspection. The bill requires a tenant to, after 
reasonable notice, allow the landlord or the landlord's agent access to the dwelling unit for 
remediation purposes. Finally, the bill gives remedies and enforcement mechanisms to the 
landlord and the tenant for noncompliance with the duties given under these provisions.