Me. Rev. Stat. tit. 5, §§ 4551–4640 (housing subchs.) § 4622
Limitations on attorneys' fees and damages; procedures
Operative Text
1. Limitation. Attorney's fees under section 4614 and civil penal damages or compensatory and punitive damages under section 4613 may not be awarded to a plaintiff in a civil action under this Act unless the plaintiff alleges and establishes that, prior to the filing of the civil action, the plaintiff first filed a complaint with the commission and the commission either: A. Dismissed the case under section 4612, subsection 2 or subsection 2‑A, paragraphs A and B and D to F ; B. Failed, within 90 days after finding reasonable grounds to believe that unlawful discrimination occurred, to enter into a conciliation agreement to which the plaintiff was a party; C. Issued a right-to-sue letter under section 4612, subsection 6 ; or D. Dismissed the case in error. If the commission issued a right-to-sue letter, the plaintiff may not be awarded attorney's fees, civil penal damages or compensatory and punitive damages unless the plaintiff establishes that the plaintiff received the right-to-sue letter before filing the civil action. This subsection does not apply to or limit any remedies for civil actions filed under subchapter 5 if one or more additional causes of action are alleged in the same civil action that do not require exhaustion of administrative remedies or subchapter 4 if the allegations are covered by the federal Fair Housing Act, 42 United States Code, Chapter 45. 2. Advancement on docket; priority. If the plaintiff alleges and establishes that the conditions of subsection 1 have been met, the action may also be advanced on the docket and given priority over other civil actions.
Maine law under 5 M.R.S. § 4622 places conditions on when a plaintiff in a housing discrimination civil action can recover attorney's fees, civil penal damages, or compensatory and punitive damages. Before filing suit, the plaintiff must generally have first filed a complaint with the Maine Human Rights Commission, and the Commission must have taken one of several specified actions — such as dismissing the case, failing to reach a conciliation agreement within 90 days of finding reasonable grounds, or issuing a right-to-sue letter. Cases that meet these prerequisites may also be moved to the front of the court docket and given priority over other civil actions. Certain exceptions apply, including claims covered by the federal Fair Housing Act or cases where additional causes of action are alleged that do not require exhaustion of administrative remedies.
Plain English — not legal advice.
Under 5 M.R.S. § 4622, a plaintiff in a housing discrimination civil action generally cannot recover attorney's fees or enhanced damages unless they first went through the Maine Human Rights Commission process before filing suit. Property owners and managers facing such claims should be aware that the Commission process — including complaint filing, investigation, and potential conciliation — typically precedes any civil action in which these remedies are available. Understanding this procedural sequence can help operators anticipate the timeline and stages of a discrimination claim brought under Maine's Human Rights Act.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 4622 of Maine's Human Rights Act establishes that tenants and other plaintiffs who believe they have experienced housing discrimination generally need to file a complaint with the Maine Human Rights Commission before a court can award attorney's fees or damages in a subsequent civil lawsuit. If the Commission issues a right-to-sue letter, that letter must be received before the civil action is filed in order for those remedies to remain available. Tenants navigating this process may benefit from contacting a tenant-rights organization or consulting with an attorney familiar with Maine's Human Rights Act to understand which Commission outcomes apply to their situation and whether any exceptions — such as those for federal Fair Housing Act claims — may be relevant.
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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