Me. Rev. Stat. tit. 5, §§ 4551–4640 (housing subchs.) § 4553-A
Physical or mental disability
Operative Text
1. Physical or mental disability, defined. "Physical or mental disability" means: A. A physical or mental impairment that: (1) Substantially limits one or more of a person's major life activities; (2) Significantly impairs physical or mental health; or (3) Requires special education, vocational rehabilitation or related services; B. Without regard to severity unless otherwise indicated: absent, artificial or replacement limbs, hands, feet or vital organs; alcoholism; amyotrophic lateral sclerosis; bipolar disorder; blindness or abnormal vision loss; cancer; cerebral palsy; chronic obstructive pulmonary disease; Crohn's disease; cystic fibrosis; deafness or abnormal hearing loss; diabetes; substantial disfigurement; epilepsy; heart disease; HIV or AIDS; kidney or renal diseases; lupus; major depressive disorder; mastectomy; intellectual disability; multiple sclerosis; muscular dystrophy; paralysis; Parkinson's disease; pervasive developmental disorders; rheumatoid arthritis; schizophrenia; and acquired brain injury; C. With respect to an individual, having a record of any of the conditions in paragraph A or B ; or D. With respect to an individual, being regarded as having or likely to develop any of the conditions in paragraph A or B . 2. Additional terms. For purposes of this section: A. The existence of a physical or mental disability is determined without regard to the ameliorative effects of mitigating measures such as medication, auxiliary aids or prosthetic devices; and B. "Significantly impairs physical or mental health" means having an actual or expected duration of more than 6 months and impairing health to a significant extent as compared to what is ordinarily experienced in the general population. 3. Exceptions. "Physical or mental disability" does not include: A. Pedophilia, exhibitionism, voyeurism, sexual behavior disorders, compulsive gambling, kleptomania, pyromania or tobacco smoking; B. Any condition covered under section 4553, subsection 9‑C ; or C. Psychoactive substance use disorders resulting from current illegal use of drugs, although this may not be construed to exclude an individual who: (1) Has successfully completed a supervised drug rehabilitation program and is no longer engaging in the illegal use of drugs or has otherwise been rehabilitated successfully and is no longer engaging in such use; (2) Is participating in a supervised rehabilitation program and is no longer engaging in such use; (3) Is erroneously regarded as engaging in such use, but is not engaging in such use; or (4) In the context of a reasonable accommodation in employment, is seeking treatment or has successfully completed treatment.
Maine law at 5 M.R.S. § 4553-A defines which conditions qualify as a 'physical or mental disability' for purposes of the state's anti-discrimination protections in housing and other areas. The definition is broad, covering impairments that substantially limit major life activities, a named list of specific conditions (such as diabetes, cancer, HIV, and epilepsy), and even being perceived as having such a condition. Mitigating measures like medication or prosthetics are not considered when determining whether a disability exists, and certain conditions—such as current illegal drug use disorders and pedophilia—are explicitly excluded.
Plain English — not legal advice.
Property owners and managers operating under Maine law should be aware that § 4553-A sets a broad standard for who qualifies as a person with a disability entitled to fair housing protections. Compliant operators generally evaluate accommodation requests without discounting a condition simply because the applicant uses medication, a prosthetic, or other mitigating measures. The named list of covered conditions in § 4553-A is extensive, and the 'regarded as' prong means that treating an applicant as though they have a covered condition can itself trigger protections.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 5 M.R.S. § 4553-A, Maine's definition of disability is intentionally broad, covering a wide range of physical and mental conditions as well as a history of, or being perceived as having, such conditions. Tenants who believe they were denied housing or a reasonable accommodation because of a qualifying disability may have grounds to raise a fair housing violation. General enforcement paths include filing a complaint with the Maine Human Rights Commission or consulting a tenant-rights organization familiar with state disability discrimination law.
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
References In
Rules and statutes that cite this regulation