94-348 Me. Code R. ch. 8 § 8.06

A. General prohibitions against discrimination because of physical or mental disability

(1) It shall be unlawful to discriminate in the sale or rental of, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of a physical or mental disability of:

(a) That buyer or renter;

(b) A person residing in or intending to reside in that dwelling after it is sold, rented, or made available; or

(c) Any person associated with that person.

(2) It shall be unlawful to discriminate against any person in the terms, conditions, or privileges of the sale or rental of a dwelling, or in the provision of services or facilities in connection with such dwelling, because of a physical or mental disability of:

(a) That buyer or renter;

(b) A person residing in or intending to reside in that dwelling after it is so sold, rented, or made available; or

(c) Any person associated with that person.

(3) It shall be unlawful to make an inquiry to determine whether an applicant for a dwelling, a person intending to reside in that dwelling after it is sold, rented or made available, or any person associated with that person, has a physical or mental disability or to make inquiry as to the nature or severity of a disability of such a person. However, this paragraph does not prohibit the following inquiries, provided these inquiries are made of all applicants, whether or not they have physical or mental disabilities.

(a) Inquiry into an applicant’s ability to meet the requirements of ownership or tenancy.

(b) Inquiry to determine whether an applicant is qualified for a dwelling available only to persons with physical or mental disabilities or to persons with a particular type of physical or mental disability.

(c) Inquiry to determine whether an applicant for a dwelling is qualified for a priority available to persons with physical or mental disabilities or to persons with a particular type of physical or mental disability;

(d) Inquiring whether an applicant for a dwelling is a current illegal abuser or addict of a controlled substance;

(e) Inquiring whether an applicant has been convicted of the illegal manufacture or distribution of a controlled substance.

(4) Nothing in this subpart requires that a dwelling be made to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others.

B. Reasonable modifications of existing premises

(1) It shall be unlawful for any person to refuse to permit, at the expense of a person with a physical or mental disability, reasonable modifications of existing premises, occupied or to be occupied by a person with such a disability, if the proposed modifications may be necessary to afford the person with such a disability full enjoyment of the premises of a dwelling. In the case of a rental, the landlord may, where it is reasonable to do so, condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted. The landlord may not increase for persons with physical or mental disabilities any customarily required security deposit. However, where it is necessary in order to ensure with reasonable certainty that funds will be available to pay for the restorations at the end of the tenancy, the landlord may negotiate as part of such a restoration agreement a provision requiring that the tenant pay into an interest bearing escrow account, over a reasonable period, a reasonable amount of money not to exceed the cost of the restorations. The interest in any such account shall accrue to the benefit of the tenant.

(2) A landlord may condition permission for a modification on the renter providing a reasonable description of the proposed modifications as well as reasonable assurances that the work will be done in a workmanlike manner and that any required building permits will be obtained.

C. Reasonable accommodations

It shall be unlawful for any person to refuse to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford a person with a physical or mental disability equal opportunity to use and enjoy a dwelling unit, including public and common use areas.

D. Design and construction requirements for multifamily dwellings and public housing

(1) Application. The Act’s design and construction requirements for multifamily dwellings and public housing apply to new construction of covered multifamily dwellings and new construction and alterations of public housing if the date when the last application for a building permit or permit extension is certified to be complete by a state, county or local government or, in those jurisdictions where the government does not certify completion of applications, if the date when the last application for a building permit or permit extension received by the state, county or local government is on or after September 1, 2012 or, if no permit is required, if the start of physical construction or alterations occurs on or after September 1, 2012. For new construction and alterations prior to that, please contact the Maine Human Rights Commission to receive a copy of the applicable design and construction requirements.

(2) Accessible covered multifamily dwellings

(a) Covered multifamily dwellings shall be designed and constructed to have at least one building entrance on an accessible route unless it is impractical to do so because of the terrain or unusual characteristics of the site. The burden of establishing impracticality because of terrain or unusual circumstances is on the person or persons who designed or constructed the housing facility.

(b) All covered multifamily dwellings with a building entrance on an accessible route shall be designed and constructed in such a manner that -

(i) The public and common use areas are readily accessible to and usable by persons with physical or mental disabilities;

(ii) All the doors designed to allow passage into and within all premises are sufficiently wide to allow passage by persons with disabilities in wheelchairs; and

(iii) All premises within covered multifamily dwelling units contain the following features of adaptable design:

(I) An accessible route into and through the covered dwelling unit;

(II) Light switches, electrical outlets, thermostats, and other environmental controls in accessible locations;

(III) Reinforcements in bathroom walls to allow later installation of grab bars around the toilet, tub, shower stall and shower seat, where such facilities are provided; and

(IV) Usable kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space.

(3) Accessible public housing

(a) For new construction of public housing, in addition to any applicable requirements for covered multifamily dwellings, public housing shall be designed and constructed in such a manner that no less than 10% of the ground level units and no less than 10% of the upper story units connected by an elevator are accessible to and usable by persons with physical disabilities, and no less than 2% of the units, no fewer than one unit, have accessible communication features. Newly constructed public housing shall have at least one ground level.

(b) For alterations to public housing units, the altered units shall meet the parts of the standards of construction concerning accessible routes, accessible doors and adaptable bathrooms until at least 10% of the total ground level units and a minimum of 10% of the total upper story units connected by an elevator meet those standards. Altered public housing shall have at least one ground level.

(4) Compliance with standards. Compliance with the appropriate standards of construction suffices to satisfy the design and construction requirements of this subsection. For example, the requirements for covered multifamily dwellings in paragraphs (D)(2)(b)(ii) and (D)(2)(b)(iii) above may be met by complying with the applicable specifications in ANSI ICC A117.1-2009 §1004, Type B Units; the requirement in paragraph (D)(3)(a) that 10% of newly constructed public housing units be accessible to and usable by persons with physical disabilities may be met by complying with ICC A117.1-2009 §1002, Accessible Units, or §1003, Type A Units; the requirement in paragraph (D)(3)(a) that 2% of the units, no fewer than one unit, have accessible communication features may be met by complying with ICC A117.1-2009 §1006, Units with Accessible Communication Features; and the requirement in paragraph (D)(3)(b) that 10% of altered public housing units meet the parts of the standards of construction concerning accessible routes, accessible doors and adaptable bathrooms may be met by complying with ICC A117.1-2009 §§ 1002.2 and 1002.3 (Accessible Units, Primary Entrance and Accessible Route) or §§ 1003.2 and 1003.3 (Type A Units, Primary Entrance and Accessible Route), § 1002.5 (Accessible Units, Doors and Doorways) or §1003.5 (Type A Units, Doors and Doorways), and §1002.11 (Accessible Units, Toilet and Bathing Facilities) or §1003.11 (Type A Units, Toilet and Bathing Facilities). Compliance with the requirements for multifamily dwellings in paragraph (D)(2) may also be achieved by compliance with the federal Fair Housing Act design and construction requirements adopted by the United States Department of Housing and Urban Development, 24 Code of Federal Regulations, Section 100.205, except that the definition of “new construction” in the Act and this chapter controls.

(5) Statement; inspection. For new construction of covered multifamily dwellings and public housing:

(a) The builder of a facility to which this subsection applies shall obtain a statement from a design professional that, based on professional judgment, the plans of the facility at the time of the statement meet the standards of construction required by this subsection. Prior to commencing construction of the facility, the builder shall submit the statement to:

(i) The municipal authority that reviews plans in the municipality where the facility is to be constructed; or

(ii) If the municipality where the facility is to be constructed has no authority who reviews plans, the municipal officers of the municipality.

(b) If municipal officials of the municipality where the facility is to be constructed inspect buildings for compliance with construction standards, that inspection shall include an inspection for compliance with the standards required by this subsection. The municipal officials shall require the facility inspected to meet the construction standards of this subsection before the municipal officials permit the facility to be occupied. A municipal official may satisfy the requirements in this paragraph by inspecting a building for compliance with the plans accompanying the statement required by paragraph (D)(5)(a) above.

E. Service Animals

It shall be unlawful for any owner, lessor, sublessor, managing agent or other person having the right to sell, rent, lease or manage a housing accommodation or any of their agents to refuse to permit the use of a service animal or otherwise discriminate against an individual with a physical or mental disability who uses a service animal at the housing accommodation unless it is shown by defense that the service animal poses a direct threat to the health or safety of others or the use of the service animal would result in substantial physical damage to the property of others or would substantially interfere with the reasonable enjoyment of the housing accommodation by others. The use of a service animal may not be conditioned on the payment of a fee or security deposit, although the individual with a physical or mental disability is liable for any damage done to the premises or facilities by such a service animal.