Me. Rev. Stat. tit. 22, §§ 1315–1331 (housing) § 1322

Child occupants

In Force
Verified 10/21/2026 · Next check 10/28/2026
effective 10/21/2026MaineState Additions

Operative Text

Me. Rev. Stat. tit. 22, §§ 1315–1331 (housing) § 1322
A person may not knowingly rent a dwelling that has been posted and ordered cleared of harmful lead-based substances in accordance with section 1321 , except when waived by the department in accordance with this section. In circumstances where the presence of lead-based paint or building materials is unsuspected and becomes known when the dwelling is already rented to a family with children, the family of the children may not be evicted for that reason and the owner and occupant of the dwelling must be given written notice by the department advising of the existence of lead-based substances in the dwelling and ordering that within 30 days the lead-based substances be removed, replaced or securely and permanently covered.


Until the owner brings any residential dwelling or premises into compliance with this Act while a tenant is occupying a dwelling unit, the owner shall move the tenant to a substitute dwelling unit upon reasonable notice. The department may, on a case-by-case basis, waive this requirement if the department determines that the implementation of actions to reduce lead exposure or interim controls sufficiently protects the residents of the unit until full abatement is achieved. Pursuant to section 1321, subsection 3‑A , the department may order the owner to implement lead exposure reduction actions or interim controls as determined by the department with reasonable notice. The owner shall pay reasonable moving expenses and any use and occupancy charges for a substitute dwelling unit that exceed the rent for the vacated dwelling unit for which the tenant remains responsible. "Substitute dwelling unit" means a dwelling unit of like or similar accommodation and in like or similar location that is lead-safe. If the tenant fails to accept the substitute dwelling unit selected by the owner while the owner is required to bring the vacated dwelling unit into compliance with this Act or the tenant fails to remain current in rent pursuant to the lease or tenancy at will under Title 14, section 6002 , including the statutory period of right to cure, the owner is not obligated beyond 10 days after completion of remediation to reimburse the tenant for any expense or inconvenience other than moving expenses and any use and occupancy charges for the substitute dwelling unit selected by the owner that exceed the rent for the vacated dwelling unit.


The department may, on a case-by-case basis, waive the prohibition on renting and permit the owner of an owner-occupied residential dwelling of 3 dwelling units or fewer for which lead-based substances have been ordered to be removed, replaced or securely and permanently covered in accordance with section 1321 to rent a vacant unit or units in that residential dwelling before full abatement of the dwelling is achieved if the department determines that residents may be sufficiently protected from lead-based substances in the dwelling.
Source: Legislative text reproduced verbatim
Plain English

Maine law under 22 M.R.S. § 1322 prohibits knowingly renting a dwelling that has been officially posted and ordered cleared of harmful lead-based substances, unless the state Department of Health and Human Services grants a waiver. When lead hazards are discovered after a family with children is already living in the unit, the family cannot be evicted on that basis, and the department must issue written notice ordering remediation within 30 days. While a dwelling remains out of compliance, the owner is generally required to relocate the tenant to a comparable lead-safe substitute unit at the owner's expense for any costs exceeding the tenant's normal rent, though the department may waive this relocation requirement if interim lead-exposure controls are deemed sufficient.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 22, 2026

Plain English — not legal advice.

For Property Managers

Under 22 M.R.S. § 1322, compliant property owners generally refrain from renting any unit that has been posted and ordered cleared of lead-based substances until full abatement is complete or a departmental waiver is obtained. When remediation is required while a tenant is in place, operators typically arrange a lead-safe substitute dwelling of like or similar accommodation, cover moving costs, and pay any use-and-occupancy charges for the substitute unit that exceed the tenant's existing rent. Owners of owner-occupied buildings of three units or fewer may apply to the department for a case-by-case waiver allowing rental of vacant units before full abatement, provided the department finds residents can be sufficiently protected.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Under 22 M.R.S. § 1322, tenants who are already renting with children when lead hazards are discovered cannot be evicted solely because of the presence of lead-based substances, and the department must provide written notice to both the owner and occupant about the hazard and the remediation timeline. While the owner works to bring the dwelling into compliance, tenants are generally entitled to be moved to a comparable lead-safe substitute unit, with the owner responsible for moving costs and any additional use-and-occupancy charges above the tenant's current rent. Tenants who believe their rights under § 1322 are not being honored may consider contacting the Maine Department of Health and Human Services, reaching out to a local tenant-rights organization, or exploring whether a violation of this provision can be raised as a defense in any related housing proceeding.

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.

Effective Timeline

Expression #1
Oct 21, 2026
Current
Oct 21, 2026
Click on timeline segments to view historical versions.

References Out

Rules and statutes cited by this regulation

References In

Rules and statutes that cite this regulation

Me. Rev. Stat. tit. 22, ch. 252
Me. Rev. Stat. § 1321
Me. Rev. Stat. § 1321
Me. Rev. Stat. tit. 22, § 1320
Me. Rev. Stat. tit. 22, § 1320
Me. Rev. Stat. tit. 22, § 1321
Me. Rev. Stat. tit. 22, ch. 252
Me. Rev. Stat. § 1321
Me. Rev. Stat. § 1321
Me. Rev. Stat. tit. 22, § 1320
Me. Rev. Stat. tit. 22, § 1320
Me. Rev. Stat. tit. 22, § 1321

Related Rules

§ 191
Reports of lead poisoning; notifications to agencies; records
§ 197
Duty of residential premises owners; interim control measures; abatement or containment of paint, plaster or other accessible structural material containing lead
§ 197C
Child exhibiting dangerous blood lead level after issuance of letters of compliance or interim control; liability

Source Information

Snapshot SHA:
Fetched:Oct 21, 2026, 07:04 AM UTC