94-348 Me. Code R. ch. 8 § 8.02
EXEMPTIONS
Operative Text
A. This part does not: (1) Prohibit a religious organization, association, or society, or any non-profit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association, or society, from limiting the sale, rental or occupancy of dwellings which it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preference to such persons, unless membership in such religion is restricted because of race, color, or national origin; (2) Prohibit a private club, not in fact open to the public, which incident to its primary purpose or purposes, provides lodgings which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of such lodging to its members or from giving preference to its members. (3) Limit the applicability of any reasonable local, State or Federal restrictions regarding the maximum number of occupants permitted to occupy a dwelling; or (4) Prohibit conduct against a person because such person has been convicted by any court of competent jurisdiction of the illegal manufacture or distribution of a controlled substance as defined in State or Federal Controlled Substance Acts. B. Nothing in this part regarding discrimination based on familial status applies with respect to housing for older persons as defined in Section 8.07 of this Rule. C. Nothing in this part, other than §§ 8.04(A)(4) (statements or advertisements), 8.04(A)(7) (brokerage services), 8.04(E) (advertisement, statements and notices), 8.04(H) (brokerage services), and 8.05 (residential real estate-related transactions), applies to: (1) The rental of a one-family unit of a 2-family dwelling, one unit of which is occupied by the owner. (2) The rental of not more than 4 rooms of a one-family dwelling which is occupied by the owner. D. Nothing in the Act or these regulations regarding discrimination based on sexual orientation applies to the rental of any dwelling owned, controlled, or operated for other than a commercial purpose to its membership by a religious corporation that does not receive public funds. Any for-profit organization owned, controlled, or operated by a religious association or corporation and subject to the provisions of the Internal Revenue Code, 26 United States Code, Section 511(a), is not covered by the exemptions set forth in this paragraph.
Maine fair housing rule 94-348 Code of Maine Rules ch. 8 § 8.02 carves out several categories of housing from the broader anti-discrimination requirements. Religious organizations and private clubs may restrict occupancy in non-commercially operated dwellings to their own members or co-religionists, provided those membership criteria are not themselves based on race, color, or national origin. Owner-occupied duplexes and small owner-occupied single-family homes with rented rooms retain limited exemptions from most (but not all) fair housing provisions. Additionally, housing designated for older persons, and housing operated by qualifying religious corporations without public funds, may be exempt from certain familial-status and sexual-orientation protections respectively.
Plain English — not legal advice.
Property owners and managers operating under one of the categories described in 94-348 Code of Maine Rules ch. 8 § 8.02 should understand that these exemptions are narrow and conditional — for example, an owner-occupied two-family dwelling still must comply with rules on advertising and brokerage services even if other provisions do not apply. Religious organizations claiming an exemption must ensure their membership criteria do not exclude people based on race, color, or national origin, or the exemption is unavailable. Operators of housing for older persons or religious corporations should verify they meet the specific definitional requirements set out in the rule before relying on any exemption.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants should be aware that 94-348 Code of Maine Rules ch. 8 § 8.02 limits — but does not eliminate — fair housing protections in certain housing situations, such as small owner-occupied buildings. Even where some exemptions apply, rules governing advertising, statements, and brokerage services generally remain in force, meaning discriminatory advertising may still be actionable. Tenants who believe an exemption has been improperly claimed or that a landlord has used an exemption as a pretext for unlawful discrimination may consider contacting a tenant-rights organization or a fair housing agency to explore available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 22, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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