All tenants in Maine have several different types of legal rights that are provided for under the law. Additional laws protect tenants with disabilities. The purpose of this guide is to give Maine citizens with disabilities general information about their rights and protections as tenants.

Housing law is dealt with in many parts of Maine law and Federal law. The most important housing laws for people with disabilities are:

• The Maine Human Rights Act (MHRA) (5 M.R.S.A.§ 4581 ff.) – a set of state laws that prohibits discrimination against tenants with disabilities and requires landlords to give reasonable accommodations and modifications to tenants with disabilities.
• The Federal Fair Housing Act (FFHA) (42 U.S.C. § 3601) – a set of federal laws that are similar the Maine Human Rights Act, and also prohibit discrimination against tenants with disabilities and require provision of reasonable accommodations and modifications tenants with disabilities.
• The Maine Eviction Law (14 M.R.S.A. § 6001) – a set of state laws that regulates how and when evictions can be carried out against tenants generally.
• Americans With Disabilities Act, Title II (ADA) (42 U.S.C. § 12131 ff.) – a set of federal laws, portions of which prohibit discrimination in government–funded programs including housing programs.
• Section 504 of the Rehabilitation Act (29 U.S.C. §793 ff.) – a set of federal laws, with close ties to the ADA that prohibits discrimination in federally funded programs such as Section 8 Housing.

This guide will focus on the Maine Human Rights Act and the Maine Eviction Law.

The MHRA, as the most important Maine anti-discrimination law, gives Maine citizens an equal opportunity to live in decent housing in accordance with their ability to pay, without discrimination because of mental and physical disabilities.

Under the MHRA, disabilities are any infirmities, malformations, disfigurements, congenital defects or mental illnesses caused by bodily injury, accident, disease, birth defect, or other illness and are determined by a physician or psychiatrist to be a substantial disability.

The MHRA, for purposes of housing discrimination, covers all housing that contains two or more units, as long as the landlord does not occupy a unit.

1. A landlord or real estate agent will not work with you to get a rental or purchase agreement because of your physical or mental disability.
2. You are unable to enjoy all the features of the premises, such as a pool, deck, other recreational area, or parking arrangement because of physical or mental disability.
3. Your landlord refuses to grant you a reasonable accommodation or modification to the unit for your disability.
4. You are facing eviction because you broke terms of your lease or rental agreement because of behavior related to your physical or mental disability.
5. You are facing eviction because you requested a reasonable accommodation or modification for your disability.

According to the MHRA and the FFHA, a "reasonable accommodation" is a change in the policy or practices of a landlord or apartment complex management that is designed to allow you the full enjoyment or access to your apartment and/or apartment complex. Furthermore, "reasonable modification" is an alteration of the features of an apartment.

For example, if your disability requires you to use a wheelchair and your building entrance has no ramp, then a "reasonable modification" from the landlord would be the installation of a ramp at one entrance. If you have a psychiatric disability that causes you to forget deadlines, a "reasonable accommodation" might be a rental policy where the landlord gives you a written or oral reminder ahead of time that the rent is due.

Another "reasonable accommodation" might be permission to keep your physical or psychiatric service animal. Generally, a service animal is defined as one that is individually trained to assist a person with tasks that are limited by that person's physical or psychiatric disability. Service animals are considered medically required tools under the MHRA, just like a cane or wheelchair. They are not considered pets.

There are different types of reasonable accommodations and modifications you can ask for.

You should ask, in writing if you are able, for a reasonable accommodation in the landlord's lease or rental agreement if it is directly related to your disability and will allow you to fully enjoy the apartment.

You should ask, in writing if you are able, for a reasonable modification to fixtures (things like cabinets, countertops, bathroom tubs, etc.), doorways, or entrances of your apartment and building if the change will directly benefit your disability and allow you fuller enjoyment of the apartment.

Reasonable modifications usually cost money. There are different ways reasonable modifications get paid for:

1. If you pay the rent for an apartment without receiving any subsidies, then generally a reasonable modification has to be paid for by you. If modifications like an adjusted countertop or adjusted light switch are requested, it may also be your responsibility to pay for returning the apartment to its original condition when you move. The landlord may also require you to place some money in a special escrow account every month towards the cost of returning the apartment to its original condition.
2. If a landlord accepts Section 8 vouchers, but does not otherwise receive any government funding, he (or she) is not responsible for the cost of reasonable modifications, although the landlord must permit you to pay yourself.
3. In a subsidized apartment where the landlord receives government funding to maintain accessible housing, the landlord must pay for reasonable modifications. Generally, 5% of the landlord's units must be physically accessible to people with disabilities. At a minimum, as in the case of a multi-family home, one unit must be accessible. In newer construction, a landlord must generally maintain 10% of the units as physically accessible. See 24 C.F.R. § 8.22-8.23.4.
4. Housing owned by the local public housing authority also might have to be modified without cost to the tenant pursuant to the ADA or Section 504 of the Rehabilitation Act, if the public housing authority receives federal funds. You can check the Maine State Housing Authority's website (www.mainehousing.com) or the Housing & Urban Development website (www.hud.gov) to learn whether your building is receiving federal subsidies.
5. Although most apartment houses in Maine are older construction, keep in mind that buildings constructed for occupancy after 1991 usually have to be constructed in compliance with certain disability access related features. If the absence of those required features makes your apartment inaccessible, then the landlord may be required to pay for an accommodation.

Keep in mind that it is always worthwhile to ask for a reasonable accommodations or modifications if you believe that you need one. Even if it appears that the landlord is not liable for it, he or she may volunteer to pay for it. Also, local housing authorities and other general assistance programs may have money available for reasonable modifications. Checking the check the Maine State Housing Authority's website (http://www.mainehousing.com) for your local housing authority or calling the local housing authority directly can be a good way to get information about grants or loans for modifications.

Sometimes landlords claim that they cannot grant a reasonable accommodation or modification. The four items below are general legal reasons under the Maine Human Rights Act and Federal Fair Housing Act that landlords might not grant accommodations or modifications:

1. The modification/accommodation would fundamentally change the building or its purpose
2. The modification/accommodation would be unreasonably expensive
3. The modification/accommodation is architecturally impossible
4. The tenant seeking the modification/accommodation poses a physical threat to other tenants or property of the landlord

A landlord or other entity offering housing has no responsibility to offer a RA until the tenant asks for one. When you ask for a reasonable accommodation your request should be in writing in the form of a simple letter. It should answer the following questions for your landlord:

1. What is you disability and how does it substantially impair you ?
2. What are the symptoms of your disability ?
3. What reasonable accommodation/ modification is needed and how will it help your symptoms ?
4. Do you have medical support do you have to confirm your disability and symptoms, such as a letter from a doctor, nurse practitioner or therapist?

Some apartment managers and apartment management companies have blank forms for requesting a reasonable accommodation or modification. Giving a landlord a couple of weeks to reply, either in person or in writing, is certainly reasonable. Keep a diary of any oral replies and keep copies of your written requests as well as any written replies.

See The Sample "Reasonable Accommodation" Letters Located At The End Of This Booklet.

Eviction is a legal process, the steps for which are very specifically laid out in the Maine laws. A landlord must follow these steps.

The purpose of an eviction is for the landlord to end his landlord/tenant relationship with you and legally order you to permanently leave your rented property. The eviction process itself is also designed to protect tenants against illegal evictions, and to give tenants the possibility of a defense in certain circumstances.

First, you must receive a "notice to quit". This is a piece of paper telling you that the landlord will be ending his landlord/tenant relationship with you. The landlord must make three attempts to give it to you in hand. If he can't serve you in hand after three tries, he can leave it with an adult in your apartment, pin it to your door, or mail it to you by first class mail. There are three types of notice:

1. A 7-day notice for missing rent and property damage. This notice must give you 7 days to either pay missing rent or repair property damage.
2. A 30-day notice without cause. This notice is designed to end the landlord/tenant relationship without any particular reason
3. A notice to quit based on terms of the lease. If you have a written lease, it will have terms in it regarding how the lease can be ended. The landlord must follow his own terms.

When the 7 or 30 days in the notice ends, this does not mean you have to move out on day 7 or day 30. You have the right to defend yourself at an eviction hearing. An eviction hearing does not occur until the landlord seeks it, as explained below:

If the notice period ends, the following things must happen before you must leave the apartment:

The landlord must serve you with an eviction complaint that will contain a document, called a "summons", telling you when and where you must appear for an eviction hearing. The hearing is usually set for a couple of weeks after you receive the complaint, but it can be as soon as one week.

In the courtroom, the judge calls the cases and usually asks both sides to try and reach an agreement outside the courtroom. If no agreement is reached, there will be a hearing.

During the hearing, the landlord presents evidence that the eviction is legal by showing that he (or she) gave notice and by proving that violations of the landlord/tenant relationship occurred, if that is the basis for the eviction.

The tenant then presents evidence that the eviction is not legal because of one or more (of the following) reasons:

1. The landlord did not give proper notice
2. The landlord is evicting in retaliation for something the tenant did legally.
3. The landlord is evicting for a discriminatory reason, such as a disability.
4. The landlord is evicting on the grounds of something that did not really happen.

If the judge does not decide to grant an eviction, you may continue living in the apartment. If the judge does decide to grant an eviction, the following happens:

1. Seven days after the hearing, the landlord goes back to court to request a "writ of possession", which is a piece of paper giving him back your apartment.
2. The landlord then has to serve a document called a "writ of possession" on you, similar to the way the eviction complaint was served. After you are served with the "writ of possession", you have 48 hours to move out with your belongings.
3. If you are still in the apartment after 48 hours, you become a trespasser.

Winning an eviction hearing only means only that you can remain in your apartment. The landlord can always attempt a new eviction process again. Courts do not generally grant any other remedy to a tenant in an eviction hearing, even if the tenant might have potential claims against the landlord. For example, if you still need a reasonable accommodation that you requested prior to the eviction, you cannot get the court in the eviction matter to grant the accommodation. You would have to pursue separate claims.

Most often, the DRC receives calls from people with a Physical Disability who request and are denied:

1. Reasonable accommodations for access outside or inside their apartment, for example the installation of a ramp;
2. Reasonable accommodations by improving the condition of walkways and parking lots, especially during winter, by paving and shoveling
3. Reasonable accommodations for keeping service animals at home.

We also receive calls from people with a Psychiatric Disability who request and are denied:

1. Reasonable accommodations through a "second chance" from the landlord after a behavior related disturbance;
2. Reasonable accommodations through "extra time" to find (a) new place without a pending eviction complaint;
3. Reasonable accommodations through a "second chance" with late rent;
4. Reasonable accommodations for owning psychiatric service animals.

Keep in mind, however, that there are many types of situations that can equal discrimination that are not necessarily listed here. When you believe you have been discriminated against in your housing, call the Disability Rights Center at 1-800-452-1948 and set up an appointment with one of our experienced intake coordinators.

The contents and samples in this guide are intended only for general information. The contents are not intended to be legal advice and it is not intended to create any lawyer-client relationship.

(date here)

Mr./ Mrs. Name of Housing Manager
Job Title of Housing Manager
Address

Dear______________:

I am a tenant in apartment number ______. I am a person with a disability as that term is defined under the "Americans with Disabilities Act," the "Fair Housing Act," and the "Maine Human Rights Act." This means that I have a physical or mental impairment, which substantially limits one or more of my major life activities. My disability leaves me unable to describe here what it is that you are unable to do.

I am, therefore, requesting the reasonable modification of describe here what you are asking for.

I need this modification because without it I am unable to fully use and enjoy my apartment to the same degree as people without disabilities. I am attaching a certification from my doctor stating that I meet the definition of a person with a disability.

Please respond to me in writing within seven business days.

Sincerely,

Your Name Here

(date here)

Mr./ Mrs. Name of Housing Manager
Job Title of Housing Manager
Address

Dear______________:

I am a tenant in apartment number ______. I am a person with a disability as that term is defined under the "Americans with Disabilities Act," the "Fair Housing Act," and the "Maine Human Rights Act." This means that I have a physical or mental impairment, which substantially limits one or more of my major life activities. My disability leaves me unable to describe here what it is that you are unable to do.

I am, therefore, requesting the reasonable accommodation of describe here the accommodation in policy, rule, or practice that you are asking for.

I need this accommodation because without it I am unable to fully use and enjoy my apartment to the same degree as people without disabilities. I am attaching a certification from my doctor stating that I meet the definition of a person with a disability.

Please respond to me in writing within seven business days.

Sincerely,

Your Name Here

(Date Here)

(Dr. ____________
(Address Here)

Dear Doctor ___________:

As you know, you have been treating me for my medical conditions, including my (disability here). I am requesting an accommodation/modification from the landlord of my housing complex located at (address here) because I am entitled to such an accommodation pursuant to the Maine Human Rights Act and the Fair Housing Act. The accommodation/modification I am requesting is (accommodation here).

I need you to right a letter on my behalf in which you state the following information:

1. How long you have been treating me
2. What the name of my illness is
3. What the symptoms of my illness are
4. How the accommodation/modification I am seeking will assist my illness so as to allow me to continue to live at my current housing complex.

Thank you for assisting me with this effort. If you have any question, please call me at (phone number here).

Sincerely,

(client name)

(DATE HERE)

Mr./Ms. (Landlord Name Here)
(Address Here)

Re: (Patient Name) / Request For Reasonable Accommodation/Modification

Dear Mr./Ms. (Landlord Last Name Here)

I have been treating (Patient Name) as a patient for (Time Period).

My patient has the following medical conditions: (List Conditions Relevant to Accommodation/Modification Here)

My patient's medical conditions have the following symptoms: (List Symptoms Relevant to Accommodation/Modification Here)

A reasonable accommodation/modification in my patient's housing complex would assist my patient with his/her conditions and symptoms by (Explain How Accommodation/Modification Would Help).

Thus, it is my recommendation, based on my medical judgment, that (Patient Name) be granted the accommodation/modification requested.

Please call me if you have questions related to this medical judgment.

Sincerely,

__________________, M.D. (or Psychotherapist)