Me. Rev. Stat. tit. 5, §§ 4551–4640 (housing subchs.) § 4581
Right to freedom from discrimination in housing; exceptions
Operative Text
The opportunity for an individual to secure housing in accordance with the individual's ability to pay, and without discrimination because of race, color, sex, sexual orientation or gender identity, physical or mental disability, religion, ancestry, national origin or familial status or because the individual has sought and received an order of protection under Title 19-A, former section 4007 or a final protection order pursuant to Title 19‑A, section 4110 or pursuant to a substantially similar provision of the law of another state or nation, is hereby recognized as and declared to be a civil right. 1. Number of occupants. Nothing in this subchapter limits the applicability of any reasonable local, state or federal restrictions regarding the maximum number of occupants permitted to occupy a dwelling. Nor does any provision in this subchapter regarding familial status apply with respect to housing for older persons. 2. Definition. As used in this section, "housing for older persons" means housing: A. Provided under any state or federal program that the United States Secretary of Housing and Urban Development determines is specifically designed and operated to assist elderly persons as defined in the state or federal program; B. Intended for, and solely occupied by, persons 62 years of age or older; or C. Intended and operated for occupancy by at least one person 55 years of age or older per unit. In determining whether housing qualifies as housing for older persons under this paragraph, the housing must meet at least the following factors: (2) That at least 80% of the dwellings are occupied by at least one person 55 years of age or older per unit; and (3) The publication of, and adherence to, policies and procedures that demonstrate an intent by the owner or manager to provide housing for persons 55 years of age or older. 3. Requirements. Housing does not fail to meet the requirements for "housing for older persons" by reason of: A. Persons residing in the housing as of the date of enactment of this subsection who do not meet the requirements of subsection 2, paragraph B or C if new occupants of the housing meet the age requirements of subsection 2, paragraphs B and C ; or B. Unoccupied units if the units are reserved for occupancy by persons who meet the age requirements of subsection 2, paragraphs B and C . 4. Housing accommodation exceptions. The following exceptions apply in this chapter: A. This chapter does not prohibit the rental of any dwelling owned, controlled or operated for other than a commercial purpose by a religious corporation to its membership unless such membership is restricted on account of race, color or national origin; and B. Except as provided in section 4581‑A, subsection 1, paragraph C and section 4581‑A, subsections 2 and 3 , this chapter does not apply to: (1) The rental of a one-family unit of a 2-family dwelling, one unit of which is occupied by the owner; or (2) The rental of not more than 4 rooms of a one-family dwelling that is occupied by the owner.
Maine Revised Statutes 5 M.R.S. § 4581 establishes the right to seek and obtain housing based on ability to pay, free from discrimination on the basis of race, color, sex, sexual orientation or gender identity, disability, religion, ancestry, national origin, familial status, or protected-order status. The provision also carves out specific exceptions, including reasonable occupancy limits, housing designated for older persons (age 55+ or 62+ communities meeting defined criteria), owner-occupied small dwellings, and rentals by religious organizations to their members. These exceptions narrow—but do not eliminate—the broad anti-discrimination protections the statute otherwise extends to housing seekers in Maine.
Plain English — not legal advice.
Under 5 M.R.S. § 4581, compliant housing operators in Maine apply consistent, non-discriminatory criteria when screening applicants across all protected classes, including familial status and protected-order status. Operators who believe their property qualifies for an exception—such as an age-restricted community or an owner-occupied two-family dwelling—generally document that the specific statutory criteria are met, such as the 80% occupancy threshold and published age-restriction policies required for 55+ housing. Religious organizations renting to their membership should also confirm that membership eligibility itself does not exclude applicants on the basis of race, color, or national origin, as § 4581 expressly conditions that exception.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 4581 of Maine's civil rights statutes declares that access to housing free from discrimination is a civil right, covering a broad range of protected characteristics including physical or mental disability, familial status, and status as a holder of a protection order. Tenants who believe a landlord has denied or restricted housing on a prohibited basis may consider raising the violation as a defense in eviction proceedings, filing a complaint with the Maine Human Rights Commission, or reaching out to a tenant-rights organization familiar with 5 M.R.S. § 4581. It is worth noting that certain small owner-occupied rentals and qualifying older-persons communities are exempt from some provisions, so understanding whether an exception applies to a specific property can be an important first step in evaluating 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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