Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 348 - MAINE HUMAN RIGHTS COMMISSION › Chapter 8 - HOUSING REGULATIONS OF THE MAINE HUMAN RIGHTS COMMISSION › Section 348-8-03 - DEFINITIONS

Current through 2024-29, July 17, 2024
Accessible,
when used with respect to the
				  public and common use areas of a building containing covered multifamily
				  dwellings, means that the public or common use areas of the building can be
				  approached, entered, and used by individuals with physical or mental
				  disabilities. The phrase
readily accessible to and usable by
is synonymous with accessible. A public or common use area that complies with
				  the appropriate standards of construction is
accessible
within
				  the meaning of this paragraph.
Accessible route
means a continuous
				  unobstructed path connecting accessible elements and spaces in a building or
				  within a site that can be negotiated by a person with a severe disability using
				  a wheelchair and that is also safe for and usable by people with other physical
				  or mental disabilities. Interior accessible routes may include corridors,
				  floors, ramps, elevators and lifts. Exterior accessible routes may include
				  parking access aisles, curb ramps, walks, ramps and lifts. A route that
				  complies with the appropriate standards of construction is an
accessible route.
Alteration
means a change to a facility that
				  affects or could affect the usability of the facility or any part of the
				  facility, including, but not limited to, reconstruction, remodeling,
				  rehabilitation, historic restoration, changes or rearrangement in structural
				  parts or elements and changes or rearrangement in the plan configuration of
				  walls and full-height partitions.
Alteration
does not include
				  normal maintenance, decoration and upgrades, including, but not limited to,
				  reroofing, re-siding, painting or wallpapering, replacement of doors or
				  windows, asbestos removal and changes to mechanical and electrical systems
				  unless they affect the usability of the facility.
Assistance animal
means:
(1) An animal that has been determined
				necessary for an individual with a physical or mental disability to mitigate
				the effects of a physical or mental disability by a physician, psychologist,
				physician assistant, nurse practitioner, licensed social worker, licensed
				professional counselor, or other licensed health professional with knowledge of
				the disability-related need for an assistance animal; or
(2) An animal individually trained to do work
				or perform tasks for the benefit of an individual with a physical or mental
				disability, including, but not limited to, guiding individuals with impaired
				vision, alerting individuals who are deaf or hard of hearing to intruders or
				sounds, providing reasonable protection or rescue work, pulling a wheelchair or
				retrieving dropped items.
Broker
or
Agent
includes
				  any person authorized to perform an action on behalf of another person
				  regarding any matter related to the sale or rental of dwellings, including
				  offers, solicitations or contracts and the administration of matters regarding
				  such offers, solicitations or contracts or any residential real estate-related
				  transactions. "Real estate broker", "associate real estate broker", and "real
				  estate sales agent" have the same definitions as are given respectively in
				  Title 32, sections
				  13198,
				  13199 and
				  13200; but include all persons
				  meeting those definitions, whether or not they are licensed or required to be
				  licensed.
Builder
means the applicant for a building
				  permit in a municipality that requires these permits or the owner of the
				  property in a municipality that does not require building permits.
Building
means a structure, facility or
				  portion thereof that contains or serves one or more dwelling units.
Building entrance on an accessible route
means an accessible entrance to a building that is connected by an accessible
				  route to public transportation stops, to accessible parking and passenger
				  loading zones, or to public streets or sidewalks, if available. A building
				  entrance that complies with the appropriate standards of construction complies
				  with this paragraph.
Common use areas
means rooms, spaces or
				  elements inside or outside of a building that are made available for the use of
				  residents of a building or the guests thereof. These areas include hallways,
				  lounges, lobbies, laundry rooms, refuse rooms, mail rooms, recreational areas
				  and passageways among and between buildings.
Controlled substance
means any drug or
				  other substance, or immediate precursor as defined in State or Federal
				  Controlled Substance Acts.
Covered multifamily dwellings
means
				  buildings consisting of 4 or more dwelling units if such buildings have one or
				  more elevators; and ground floor dwelling units in other buildings consisting
				  of 4 or more dwelling units.
Design professional
means an architect or
				  professional engineer registered to practice under Title 32.
Discriminatory housing practice
means an
				  act that is unlawful under Subchapter IV of the
Maine Human Rights
				  Act
.
Dwelling
means any building, structure or
				  portion thereof which is occupied as, or designed or intended for occupancy as
				  a residence by one or more families, and any vacant land which is offered for
				  sale or lease for the construction or location thereon of any such building,
				  structure or portion thereof.
Dwelling unit
means a single unit of
				  residence for a family or one or more persons. Examples of dwelling units
				  include: a single family home, an apartment unit within an apartment building;
				  and in other types of dwellings in which sleeping accommodations are provided
				  but toileting or cooking facilities are shared by occupants of one room or
				  portion of the dwelling, rooms in which people sleep. Examples of the latter
				  include dormitory rooms and sleeping accommodations in shelters intended for
				  occupancy as a residence for homeless persons.
Entrance
means any access point to a
				  building or portion of a building used by residents for the purpose of
				  entering.
Exterior
means all areas of the premises
				  outside of an individual dwelling unit.
Family
includes, but is not limited to, a
				  single individual.
Familial status
means that a family unit may
				  contain:
(1) One or more individuals
				who have not attained the age of 18 years and are living with a parent or
				another person having legal custody of the individual or individuals; or the
				designee of the parent or other person having custody, with the written
				permission of the parent or other person; or
(2) One or more individuals 18 years of age
				or older who lack the ability to meet essential requirements for physical
				health, safety or self-care because the individual or individuals are unable to
				receive and evaluate information or make or communicate decisions.
The protections afforded against discrimination on the basis
				  of familial status shall apply to any person who is pregnant or is in the
				  process of securing legal custody of any individual meeting the above
				  definitions.
First occupancy
means a building that has
				  never before been used for any purpose.
Gender identity
means the gender-related
				  identity, appearance, mannerisms, or other gender-related characteristics of an
				  individual, regardless of the individual's assigned sex at birth.
Ground floor
or
ground level
means a floor of a building with a building entrance on an accessible
				  route. A building may have more than one ground floor or ground level. Where
				  the first floor containing dwelling units in a building is above grade, all
				  units on that floor must be served by a building entrance on an accessible
				  route. This floor will be considered to be a ground floor or ground level. A
				  multistory dwelling unit does not have a ground floor or ground level unless
				  its floors are connected by an elevator.
Harassment
includes verbal or physical
				  conduct related to a protected class or directed at a person or persons because
				  of protected class status when:
(1)
				Submission to such conduct is made either explicitly or implicitly a term or
				condition of an individual's access to housing or any of the terms, conditions,
				or privileges of housing;
(2)
				Submission to or rejection of such conduct by an individual is used as the
				basis for an individual's access to housing or any of the terms, conditions, or
				benefits of housing;
(3) Such
				conduct has the purpose or effect of unreasonably interfering with an
				individual's access to housing or any of the terms, conditions, or benefits of
				housing, or creating an intimidating, hostile, or offensive environment in
				those settings; or
(4) Such conduct
				constitutes an assault, as defined by Title 17-A, section
				207.
Housing accommodation
includes any building
				  or structure or portion thereof, or any parcel of land, developed or
				  undeveloped, that is occupied, or is intended to be occupied or to be developed
				  for occupancy, for residential purposes.
Interior
means the spaces, parts,
				  components or elements of an individual dwelling unit.
Modification
means any change to the public
				  or common use areas of a building or any change to a dwelling unit.
New construction
includes, but is not
				  limited to, the design and construction of facilities for first occupancy or an
				  alteration if the cost of the alteration is 75% or more of the replacement cost
				  of the completed facility.
Order of protection
means an order of
				  protection from abuse issued pursuant to 19-A M.R.S. §
										4007.
Person
includes one or more individuals,
				  partnerships, associations, organizations, corporations, municipal
				  corporations, legal representatives, trustees, trustees in bankruptcy,
				  receivers and other legal representatives, labor organizations, mutual
				  companies, joint-stock companies and unincorporated organizations and includes
				  the State and all agencies thereof.
Person in the business of selling or renting
				  dwellings
means any person who:
(1) Within the preceding twelve months, has
				participated as principal in three or more transactions involving the sale or
				rental of any dwelling or any interest therein;
(2) Within the preceding twelve months, has
				participated as agent, other than in the sale of his or her own personal
				residence, in providing sales or rental facilities or sales or rental services
				in two or more transactions involving the sale or rental of any dwelling or any
				interest therein; or
(3) Is the
				owner of any dwelling designed or intended for occupancy by, or occupied by,
				five or more families.
Premises
means the interior or exterior
				  spaces, parts, components or elements of a building, including individual
				  dwelling units and the public and common use areas of a building.
Protected class status
means the classes
				  listed in 5 M.R.S. §
										4581.
Protected
				  class
also includes being perceived as a member of a protected class,
				  as well as having a known relationship or association with a member of a
				  protected class.
Protected class
also includes traits
				  associated with protected class status, such as natural hair textures, Afro
				  styles and protective hair styles (such as braids, twists, and locks) or
				  protected-class related body modifications.
Public housing
means any housing that is
				  financed in whole or in part with public funds offering 20 or more dwelling
				  units in a building or structure or on a parcel of land.
Public use areas
means interior or exterior
				  rooms or spaces of a building that are made available to the general public.
				  Public use may be provided at a building that is privately or publicly
				  owned.
Rent
includes to lease, to sublease, to let
				  or otherwise to grant for a consideration the right to occupy premises not
				  owned by the occupant.
Replacement cost of the completed facility
means the current cost of construction and equipment for a newly constructed
				  housing facility of the size and type being altered. Construction and equipment
				  costs do not include the cost of land, demolition, site improvements,
				  non-dwelling facilities and administrative costs for project development
				  activities.
Residential real estate-related
				  transactions
means:
(1) The
				making or purchasing of loans or providing other financial assistance -
(i) For purchasing, constructing, improving,
				repairing or maintaining a dwelling; or
(ii) Secured by residential real estate;
				or