# 94-348 Ch. 8: Ch. 8: Housing Regulations of the Maine Human Rights Commission

> Maine · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_ME_CMR_94_348_8

## Section

- **Citation:** 94-348 Ch. 8
- **Heading:** Ch. 8: Housing Regulations of the Maine Human Rights Commission
- **Jurisdiction:** Maine
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Code of Maine Rules / 94-348 Maine Human Rights Commission / Ch. 8

## Text

purpose.
Ground floor or ground level means a floor of a building with a building entrance on an accessible route. A building may have more than one ground floor or ground level. Where the first floor containing dwelling units in a building is above grade, all units on that floor must be served by a building entrance on an accessible route. This floor will be considered to be a ground floor or ground level. A multistory dwelling unit does not have a ground floor or ground level unless its floors are connected by an elevator.
Housing accommodation includes any building or structure or portion thereof, or any parcel of land, developed or undeveloped, that is occupied, or is intended to be occupied or to be developed for occupancy, for residential purposes.
Interior means the spaces, parts, components or elements of an individual dwelling unit.
Modification means any change to the public or common use areas of a building or any change to a dwelling unit.
New construction includes, but is not limited to, the design and construction of facilities for first occupancy or an alteration if the cost of the alteration is 75% or more of the replacement cost of the completed facility.
Person includes one or more individuals, partnerships, associations, organizations, corporations, municipal corporations, legal representatives, trustees, trustees in bankruptcy, receivers and other legal representatives, labor organizations, mutual companies, joint-stock companies and unincorporated organizations and includes the State and all agencies thereof.
Person in the business of selling or renting dwellings means any person who:
(a)	Within the preceding twelve months, has participated as principal in three or more transactions involving the sale or rental of any dwelling or any interest therein;
ntatives, labor organizations, mutual companies, joint-stock companies and unincorporated organizations and includes the State and all agencies thereof.
Person in the business of selling or renting dwellings means any person who:
(a)	Within the preceding twelve months, has participated as principal in three or more transactions involving the sale or rental of any dwelling or any interest therein;
(b)	Within the preceding twelve months, has participated as agent, other than in the sale of his or her own personal residence, in providing sales or rental facilities or sales or rental services in two or more transactions involving the sale or rental of any dwelling or any interest therein; or
(c)	Is the owner of any dwelling designed or intended for occupancy by, or occupied by, five or more families.
Premises means the interior or exterior spaces, parts, components or elements of a building, including individual dwelling units and the public and common use areas of a building.
Public housing means any housing that is financed in whole or in part with public funds offering 20 or more dwelling units in a building or structure or on a parcel of land.
Public use areas means interior or exterior rooms or spaces of a building that are made available to the general public. Public use may be provided at a building that is privately or publicly owned.
Rent includes to lease, to sublease, to let or otherwise to grant for a consideration the right to occupy premises not owned by the occupant.
Replacement cost of the completed facility means the current cost of construction and equipment for a newly constructed housing facility of the size and type being altered. Construction and equipment costs do not include the cost of land, demolition, site improvements, non-dwelling facilities and administrative costs for project development activities.
Residential real estate-related transactions means:
(a)	The making or purchasing of loans or providing other financial assistance –
quipment for a newly constructed housing facility of the size and type being altered. Construction and equipment costs do not include the cost of land, demolition, site improvements, non-dwelling facilities and administrative costs for project development activities.
Residential real estate-related transactions means:
(a)	The making or purchasing of loans or providing other financial assistance –
(i)	For purchasing, constructing, improving, repairing or maintaining a dwelling; or
(ii)	Secured by residential real estate; or
(b)	The selling, brokering or appraising of residential real property.
Service animal means:
(a)	Any animal that has been determined necessary to mitigate the effects of a physical or mental disability by a physician, psychologist, physician’s assistant, nurse practitioner or licensed social worker; or
(b)	Any animal individually trained to do work or perform tasks for the benefit of an individual with a physical or mental disability, including, but not limited to, guiding individuals with impaired vision, alerting individuals who are deaf or hard of hearing to intruders or sounds, providing reasonable protection or rescue work, pulling a wheelchair or fetching dropped items.
Sexual orientation means a person’s actual or perceived heterosexuality, bisexuality, homosexuality, gender identity, or gender expression.
(a)	The term “gender identity” means an individual’s gender-related identity, whether or not that identity is different from that traditionally associated with that individual’s assigned sex at birth, including, but not limited to, a gender identity that is transgender or androgynous.
a person’s actual or perceived heterosexuality, bisexuality, homosexuality, gender identity, or gender expression.
(a)	The term “gender identity” means an individual’s gender-related identity, whether or not that identity is different from that traditionally associated with that individual’s assigned sex at birth, including, but not limited to, a gender identity that is transgender or androgynous.
(b)	The term “gender expression” means the manner in which an individual’s gender identity is expressed, including, but not limited to, through dress, appearance, manner, speech, or lifestyle, whether or not that expression is different from that traditionally associated with that individual’s assigned sex at birth.
Site means a parcel of land bounded by a property line or a designated portion of a public right of way.
Standards of construction means the American National Standards Institute (“ANSI”) ICC A117.1-2009 standards. Departures from particular technical and scoping requirements of ANSI ICC A117.1-2009 by the use of other methods are permitted where substantially equivalent or greater access to and usability of the facility is provided.
8.04	DISCRIMINATORY HOUSING PRACTICES
A.	Real estate practices prohibited
It shall be unlawful to:
(1)	Refuse to sell or rent a dwelling after a bona fide offer has been made, or to refuse to negotiate for the sale or rental of a dwelling because of race, color, religion, sex, sexual orientation, national origin, ancestry, familial status, or physical or mental disability.
(2)	Discriminate in the terms, conditions or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection with sales or rentals, because of race, color, religion, sex, sexual orientation, national origin, ancestry, familial status, or physical or mental disability.
orientation, national origin, ancestry, familial status, or physical or mental disability.
(2)	Discriminate in the terms, conditions or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection with sales or rentals, because of race, color, religion, sex, sexual orientation, national origin, ancestry, familial status, or physical or mental disability.
(3)	Engage in any conduct relating to the provision of housing which otherwise makes unavailable or denies dwellings to persons because of race, color, religion, sex, sexual orientation, national origin, ancestry, familial status, or physical or mental disability.
(4)	Make, print or publish, or cause to be made, printed or published, any notice, statement or advertisement with respect to the sale or rental of a dwelling that indicates any preference, limitation or discrimination because of race, color, religion, sex, sexual orientation, national origin, ancestry, familial status, or physical or mental disability.
(5)	Represent to any person because of race, color, religion, sex, sexual orientation, national origin, ancestry, familial status, or physical or mental disability that a dwelling is not available for sale or rental when such dwelling is in fact available.
(6)	Engage in blockbusting practices in connection with the sale or rental of dwellings because of race, color, religion, sex, sexual orientation, national origin, ancestry, familial status, or physical or mental disability.
tion, national origin, ancestry, familial status, or physical or mental disability that a dwelling is not available for sale or rental when such dwelling is in fact available.
(6)	Engage in blockbusting practices in connection with the sale or rental of dwellings because of race, color, religion, sex, sexual orientation, national origin, ancestry, familial status, or physical or mental disability.
(7)	Deny access to or membership or participation in, or to discriminate against any person in his or her access to or membership or participation in, any multiple-listing service, real estate brokers’ association, or other service organization or facility relating to the business of selling or renting a dwelling or in the terms or conditions of membership or participation, because of race, color, religion, sex, sexual orientation, national origin, ancestry, familial status, or physical or mental disability.
B.	Unlawful refusal to sell or rent or to negotiate for the sale or rental
(1)	It shall be unlawful for a person to refuse to sell or rent a dwelling to a person who has made a bona fide offer, because of race, color, religion, sex, sexual orientation, national origin, ancestry, familial status, or physical or mental disability, or to refuse to negotiate with a person for the sale or rental of a dwelling because of race, color, religion, sex, sexual orientation, national origin, ancestry, familial status, or physical or mental disability.
(2)	Prohibited actions under this section include, but are not limited to:
(a)	Failing to accept or consider a bona fide offer because of race, color, religion, sex, sexual orientation, national origin, ancestry, familial status, or physical or mental disability.
(b)	Refusing to sell or rent a dwelling to, or to negotiate for the sale or rental of a dwelling with, any person because of race, color, religion, sex, sexual orientation, national origin, ancestry, familial status, or physical or mental disability.
a fide offer because of race, color, religion, sex, sexual orientation, national origin, ancestry, familial status, or physical or mental disability.
(b)	Refusing to sell or rent a dwelling to, or to negotiate for the sale or rental of a dwelling with, any person because of race, color, religion, sex, sexual orientation, national origin, ancestry, familial status, or physical or mental disability.
(c)	Imposing different sale prices or rental charges for the sale or rental of a dwelling upon any person because of race, color, religion, sex, sexual orientation, national origin, ancestry, familial status, or physical or mental disability.
(d)	Using different qualification criteria or applications, or sale or rental standards or procedures, such as income standards, application requirements, application fees, credit analysis or sale or rental approval procedures or other requirements, because of race, color, religion, sex, sexual orientation, national origin, ancestry, familial status, or physical or mental disability.
(e)	Evicting tenants because of their race, color, religion, sex, sexual orientation, national origin, ancestry, familial status, or physical or mental disability or because of the race, color, religion, sex, sexual orientation, national origin, ancestry, familial status, or physical or mental disability of a tenant’s guest.
C.	Discrimination in terms, conditions and privileges and in services and facilities
(1)	Using different provisions in leases or contracts of sale, such as those relating to rental charges, security deposits and the terms of a lease and those relating to down payment and closing requirements, because of race, color, religion, sex, sexual orientation, national origin, ancestry, familial status, or physical or mental disability.
(2)	Failing or delaying maintenance or repairs of sale or rental dwellings because of race, color, religion, sex, sexual orientation, national origin, ancestry, familial status, or physical or mental disability.
relating to down payment and closing requirements, because of race, color, religion, sex, sexual orientation, national origin, ancestry, familial status, or physical or mental disability.
(2)	Failing or delaying maintenance or repairs of sale or rental dwellings because of race, color, religion, sex, sexual orientation, national origin, ancestry, familial status, or physical or mental disability.
(3)	Failing to process an offer for the sale or rental of a dwelling or to communicate an offer accurately because of race, color, religion, sex, sexual orientation, national origin, ancestry, familial status, or physical or mental disability.
(4)	Limiting the use of privileges, services or facilities associated with a dwelling because of race, color, religion, sex, sexual orientation, national origin, ancestry, familial status, or physical or mental disability, of an owner, tenant or a person associated with him or her.
(5)	Denying or limiting services or facilities in connection with the sale or rental of a dwelling, because a person failed or refused to provide sexual favors.
D.	Other prohibited sale and rental conduct
(1)	It shall be unlawful, because of race, color, religion, sex, sexual orientation, national origin, ancestry, familial status, or physical or mental disability, to restrict or attempt to restrict the choices of a person by word or conduct in connection with seeking, negotiating for, buying or renting a dwelling so as to perpetuate, or tend to perpetuate, segregated housing patterns, or to discourage or obstruct choices in a community, neighborhood or development.
(2)	It shall be unlawful because of race, color, religion, sex, sexual orientation, national origin, ancestry, familial status, or physical or mental disability, to engage in any conduct relating to the provision of housing or of services and facilities in connection therewith that otherwise makes unavailable or denies dwellings to any persons.
choices in a community, neighborhood or development.
(2)	It shall be unlawful because of race, color, religion, sex, sexual orientation, national origin, ancestry, familial status, or physical or mental disability, to engage in any conduct relating to the provision of housing or of services and facilities in connection therewith that otherwise makes unavailable or denies dwellings to any persons.
(3)	Prohibited practices under this section generally refer to unlawful steering practices that include, but are not limited to:
(a)	Discouraging any person from inspecting, purchasing, or renting a dwelling because of race, color, religion, sex, sexual orientation, national origin, ancestry, familial status, or physical or mental disability of persons in a community, neighbor-hood or development.
(b)	Discouraging the purchase or rental of a dwelling because of race, color, religion, sex, sexual orientation, national origin, ancestry, familial status, or physical or mental disability, by exaggerating drawbacks or failing to inform any person of desirable features of a dwelling or of a community, neighborhood, or development.
(c)	Communicating to any prospective purchaser that he or she would not be comfortable or compatible with existing residents of a community, neighborhood or development because of race, color, religion, sex, sexual orientation, national origin, ancestry, familial status, or physical or mental disability.
ny person of desirable features of a dwelling or of a community, neighborhood, or development.
(c)	Communicating to any prospective purchaser that he or she would not be comfortable or compatible with existing residents of a community, neighborhood or development because of race, color, religion, sex, sexual orientation, national origin, ancestry, familial status, or physical or mental disability.
(d)	Assigning any person to a particular section of a community, neighborhood or development or to a particular floor of a building because of race, color, religion, sex, sexual orientation, national origin, ancestry, familial status, or physical or mental disability.
(4)	It shall be unlawful, because of race, color, religion, sex, sexual orientation, national origin, ancestry, familial status, or physical or mental disability, to engage in any conduct relating to the provision of housing or services and facilities in connection therewith that otherwise makes unavailable or denies dwellings to persons. Prohibited sales and rental practices under this section include, but are not limited to:
(a)	Discharging or taking other adverse action against an employee, broker, or agent because he or she refused to participate in a discriminatory housing practice;
(b)	Employing codes or other devices to segregate or reject applicants, purchasers or renters, refusing to take or to show listings of dwellings in certain areas because of race, color, religion, sex, sexual orientation, national origin, ancestry, familial status, or physical or mental disability, or refusing to deal with certain brokers or agents because they or one or more of their clients are of a particular race, color, religion, sex, sexual orientation, national origin, ancestry, familial status, or physical or mental disability;
ings in certain areas because of race, color, religion, sex, sexual orientation, national origin, ancestry, familial status, or physical or mental disability, or refusing to deal with certain brokers or agents because they or one or more of their clients are of a particular race, color, religion, sex, sexual orientation, national origin, ancestry, familial status, or physical or mental disability;
(c)	Denying or delaying the processing of an application made by a purchaser or renter or refusing to approve such a person for occupancy in a cooperative or condominium dwelling because of race, color, religion, sex, sexual orientation, national origin, ancestry, familial status, or physical or mental disability;
(d)	Refusing to provide municipal services or property or hazard insurance for a dwelling or providing such services differently because of race, color, religion, sex, sexual orientation, national origin, ancestry, familial status, or physical or mental disability.
E.	Discriminatory advertisements, statements and notices
(1)	It shall be unlawful to make, print or publish, or cause to be made, printed or published, any notice, statement or advertisement with respect to the sale or rental of a dwelling which indicates any preference, limitation or discrimination because of race, color, religion, sex, sexual orientation, national origin, ancestry, familial status, or physical or mental disability, or an intention to make any such preference, limitation or discrimination.
(2)	The prohibitions in this section shall apply to all written or oral notices or statements by a person engaged in the sale or rental of a dwelling. Written notices and statements include any applications, flyers, brochures, deeds, signs, banners, posters, billboards or any documents used with respect to the sale or rental of a dwelling.
(3)	Discriminatory notices, statements and advertisements include, but are not limited to:
tion shall apply to all written or oral notices or statements by a person engaged in the sale or rental of a dwelling. Written notices and statements include any applications, flyers, brochures, deeds, signs, banners, posters, billboards or any documents used with respect to the sale or rental of a dwelling.
(3)	Discriminatory notices, statements and advertisements include, but are not limited to:
(a)	Using words, phrases, photographs, illustrations, symbols or forms which convey that dwellings are available or not available to a particular group of persons because of race, color, religion, sex, sexual orientation, national origin, ancestry, familial status, or physical or mental disability.
(b)	Expressing to agents, brokers, employees, prospective sellers or renters or any other persons a preference for or limitation on any purchaser or renter because of race, color, religion, sex, sexual orientation, national origin, ancestry, familial status, or physical or mental disability of such persons.
(c)	Selecting media or locations for advertising the sale or rental of dwellings which deny particular segments of the housing market information about housing opportunities because of race, color, religion, sex, sexual orientation, national origin, ancestry, familial status, or physical or mental disability.
(d)	Refusing to publish advertising for the sale or rental of dwellings or requiring different charges or terms for such advertising because of race, color, religion, sex, sexual orientation, national origin, ancestry, familial status, or physical or mental disability.
F.	Discriminatory representations on the availability of dwellings
(1)	It shall be unlawful because of race, color, religion, sex, sexual orientation, national origin, ancestry, familial status, or physical or mental disability, to provide inaccurate or untrue information about the availability of dwellings for sale or rental.
(2)	Prohibited actions under this section include, but are not limited to:
Discriminatory representations on the availability of dwellings
(1)	It shall be unlawful because of race, color, religion, sex, sexual orientation, national origin, ancestry, familial status, or physical or mental disability, to provide inaccurate or untrue information about the availability of dwellings for sale or rental.
(2)	Prohibited actions under this section include, but are not limited to:
(a)	Indicating through words or conduct that a dwelling which is available for inspection, sale, or rental has been sold or rented because of race, color, religion, sex, sexual orientation, national origin, ancestry, familial status, or physical or mental disability.
(b)	Representing that covenants or other deed, trust or lease provisions which purport to restrict the sale or rental of dwellings because of race, color, religion, sex, sexual orientation, national origin, ancestry, familial status, or physical or mental disability, preclude the sale or rental of a dwelling to a person.
(c)	Enforcing covenants or other deed, trust, or lease provisions which preclude the sale or rental of a dwelling to any person because of race, color, religion, sex, sexual orientation, national origin, ancestry, familial status, or physical or mental disability.
(d)	Limiting information, by word or conduct, regarding suitably priced dwellings available for inspection, sale or rental, because of race, color, religion, sex, sexual orientation, national origin, ancestry, familial status, or physical or mental disability.
on because of race, color, religion, sex, sexual orientation, national origin, ancestry, familial status, or physical or mental disability.
(d)	Limiting information, by word or conduct, regarding suitably priced dwellings available for inspection, sale or rental, because of race, color, religion, sex, sexual orientation, national origin, ancestry, familial status, or physical or mental disability.
(e)	Providing false or inaccurate information regarding the availability of a dwelling for sale or rental to any person, including testers, regardless of whether such person is actually seeking housing, because of race, color, religion, sex, sexual orientation, national origin, ancestry, familial status, or physical or mental disability.
G.	Blockbusting
(1)	It shall be unlawful, for profit, to induce or attempt to induce a person to sell or rent a dwelling by representation regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, religion, sex, sexual orientation, national origin, ancestry, familial status, or with a physical or mental disability.
(2)	In establishing a discriminatory housing practice under this section it is not necessary that there was in fact profit as long as profit was a factor for engaging in the blockbusting activity.
(3)	Prohibited actions under this section include, but are not limited to:
(a)	Engaging, for profit, in conduct (including uninvited solicitations for listings) which conveys to a person that a neighborhood is undergoing or is about to undergo a change in the race, color, religion, sex, sexual orientation, national origin, ancestry, familial status, or physical or mental disability, of persons residing in it, in order to encourage the person to offer a dwelling for sale or rental.
ng, for profit, in conduct (including uninvited solicitations for listings) which conveys to a person that a neighborhood is undergoing or is about to undergo a change in the race, color, religion, sex, sexual orientation, national origin, ancestry, familial status, or physical or mental disability, of persons residing in it, in order to encourage the person to offer a dwelling for sale or rental.
(b)	Encouraging, for profit, any person to sell or rent a dwelling through assertions that the entry or prospective entry of persons of a particular race, color, religion, sex, sexual orientation, national origin, ancestry, familial status, or physical or mental disability, can or will result in undesirable consequences for the project, neighborhood or community, such as lowering of property values, an increase in criminal or antisocial behavior, or a decline in the quality of schools or other services or facilities.
H.	Discrimination in the provision of brokerage services
(1)	It shall be unlawful to deny any person access to or membership or participation in any multiple listing service, real estate brokers’ organization or other service, organization, or facility relating to the business of selling or renting dwellings, or to discriminate against any person in the terms or conditions of such access, membership or participation, because of race, color, religion, sex, sexual orientation, national origin, ancestry, familial status, or physical or mental disability.
(2)	Prohibited actions under this section include, but are not limited to:
(a)	Setting different fees for access to or membership in a multiple listing service because of race, color, religion, sex, sexual orientation, national origin, ancestry, familial status, or physical or mental disability.
(b)	Denying or limiting benefits accruing to members in a real estate brokers’ organization because of race, color, religion, sex, sexual orientation, national origin, ancestry, familial status, or physical or mental disability.
ship in a multiple listing service because of race, color, religion, sex, sexual orientation, national origin, ancestry, familial status, or physical or mental disability.
(b)	Denying or limiting benefits accruing to members in a real estate brokers’ organization because of race, color, religion, sex, sexual orientation, national origin, ancestry, familial status, or physical or mental disability.
(c)	Imposing different standards or criteria for membership in a real estate sales or rental organization because of race, color, religion, sex, sexual orientation, national origin, ancestry, familial status, or physical or mental disability.
(d)	Establishing geographic boundaries or office location or residence requirements for access to or membership or participation in any multiple listing service, real estate brokers’ organization or other service, organization or facility relating to the business of selling or renting dwellings, because of race, color, religion, sex, sexual orientation, national origin, ancestry, familial status, or physical or mental disability.
8.05	DISCRIMINATION IN RESIDENTIAL REAL ESTATE-RELATED TRANSACTIONS
A.	Discriminatory practices in residential real estate-related transactions
It shall be unlawful for any person or other entity whose business includes engaging in residential real estate-related transactions to discriminate against any person in making available such transaction, or in the terms or conditions of such a transaction, because of race, color, religion, sex, sexual orientation, national origin, ancestry, familial status, or physical or mental disability.
B.	Discrimination in the making of loans and in the provision of other financial assistance
residential real estate-related transactions to discriminate against any person in making available such transaction, or in the terms or conditions of such a transaction, because of race, color, religion, sex, sexual orientation, national origin, ancestry, familial status, or physical or mental disability.
B.	Discrimination in the making of loans and in the provision of other financial assistance
(1)	It shall be unlawful for any person or entity whose business includes engaging in residential real estate-related transactions to discriminate against any person in making available loans or other financial assistance for a dwelling, or which is or is to be secured by a dwelling, because of race, color, religion, sex, sexual orientation, national origin, ancestry, familial status, or physical or mental disability.
(2)	Prohibited practices under this section include, but are not limited to, failing or refusing to provide to any person, in connection with a residential real estate-related transaction, information regarding the availability of loans or other financial assistance, application requirements, procedures or standards for the review and approval of loans or financial assistance, or providing information which is inaccurate or different from that provided others, because of race, color, religion, sex, sexual orientation, national origin, ancestry, familial status, or physical or mental disability.
C.	Discrimination in the purchasing of loans
(1)	It shall be unlawful for any person or entity engaging in the purchasing of loans or other debts or securities which support the purchase, construction, improvement, repair or maintenance of a dwelling, or which are secured by residential real estate, to refuse to purchase such loans, debts, or securities, or to impose different terms or conditions for such purchases, because of race, color, religion, sex, sexual orientation, national origin, ancestry, familial status, or physical or mental disability.
ies which support the purchase, construction, improvement, repair or maintenance of a dwelling, or which are secured by residential real estate, to refuse to purchase such loans, debts, or securities, or to impose different terms or conditions for such purchases, because of race, color, religion, sex, sexual orientation, national origin, ancestry, familial status, or physical or mental disability.
(2)	Unlawful conduct under this section includes, but is not limited to:
(a)	Purchasing loans or other debts or securities which relate to, or which are secured by dwellings in certain communities or neighborhoods but not in others because of race, color, religion, sex, sexual orientation, national origin, ancestry, familial status, or physical or mental disability of persons in such neighborhoods or communities.
(b)	Pooling or packaging loans or other debts or securities which relate to, or which are secured by, dwellings differently because of race, color, religion, sex, sexual orientation, national origin, ancestry, familial status, or physical or mental disability.
(c)	Imposing or using different terms or conditions on the marketing or sale of securities issued on the basis of loans or other debts or securities which relate to, or which are secured by, dwellings because of race, color, religion, sex, sexual orientation, national origin, ancestry, familial status, or physical or mental disability.
(3)	This section does not prevent consideration, in the purchasing of loans, of factors justified by business necessity, including requirements of State or Federal law, relating to a transaction’s financial security or to protection against default or reduction of the value of the security. Thus, this provision would not preclude considerations employed in normal and prudent transactions, provided that no such factor may in any way relate to race, color, religion, sex, sexual orientation, national origin, ancestry, familial status, or physical or mental disability.
D
ting to a transaction’s financial security or to protection against default or reduction of the value of the security. Thus, this provision would not preclude considerations employed in normal and prudent transactions, provided that no such factor may in any way relate to race, color, religion, sex, sexual orientation, national origin, ancestry, familial status, or physical or mental disability.
D.	Discrimination in the terms and conditions for making available loans or other financial assistance
(1)	It shall be unlawful for any person or entity engaged in the making of loans or in the provision of other financial assistance relating to the purchase, construction, improvement, repair or maintenance of dwellings or which are secured by residential real estate to impose different terms or conditions for the availability of such loans or other financial assistance because of race, color, religion, sex, sexual orientation, national origin, ancestry, familial status, or physical or mental disability.
(2)	Unlawful conduct under this section includes, but is not limited to:
(a)	Using different policies, practices or procedures in evaluating or in determining creditworthiness of any person in connection with the provision of any loan or other financial assistance for a dwelling or for any loan or other financial assistance which is secured by residential real estate because of race, color, religion, sex, sexual orientation, national origin, ancestry, familial status, or physical or mental disability.
ctices or procedures in evaluating or in determining creditworthiness of any person in connection with the provision of any loan or other financial assistance for a dwelling or for any loan or other financial assistance which is secured by residential real estate because of race, color, religion, sex, sexual orientation, national origin, ancestry, familial status, or physical or mental disability.
(b)	Determining the type of loan or other financial assistance to be provided with respect to a dwelling, or fixing the amount, interest rate, duration or other terms for a loan or other financial assistance for a dwelling or which is secured by residential real estate, because of race, color, religion, sex, sexual orientation, national origin, ancestry, familial status, or physical or mental disability.
E.	Unlawful practices in the selling, brokering, or appraising of residential real property
(1)	It shall be unlawful for any person or other entity whose business includes engaging in the selling, brokering, or appraising of residential real property to discriminate against any person in making available such services, or in the performance of such services, because of race, color, religion, sex, sexual orientation, national origin, ancestry, familial status, or physical or mental disability.
(2)	For the purposes of this section, the term appraisal means an estimate or opinion of the value of a specified residential real property made in a business context in connection with the sale, rental, financing or refinancing of a dwelling or in connection with any activity that otherwise affects the availability of a residential real estate-related transaction, whether the appraisal is oral or written, or transmitted formally or informally. The appraisal includes all written comments and other documents submitted as support for the estimate or opinion of value.
onnection with the sale, rental, financing or refinancing of a dwelling or in connection with any activity that otherwise affects the availability of a residential real estate-related transaction, whether the appraisal is oral or written, or transmitted formally or informally. The appraisal includes all written comments and other documents submitted as support for the estimate or opinion of value.
(3)	Nothing in this section prohibits a person engaged in the business of making or furnishing appraisals of residential real property from taking into consideration factors other than race, color, religion, sex, sexual orientation, national origin, ancestry, familial status, or physical or mental disability.
(4)	Practices which are unlawful under this section include, but are not limited to, using an appraisal of residential real property in connection with the sale, rental, or financing of any dwelling where the person knows or reasonably should know that the appraisal improperly takes into consideration race, color, religion, sex, sexual orientation, national origin, ancestry, familial status, or physical or mental disability.
8.06	PROHIBITION AGAINST DISCRIMINATION BECAUSE OF PHYSICAL OR MENTAL DISABILITY
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;
e 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;
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
, 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
unty 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.
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
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)
lying 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.
ndards 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.
8.07	HOUSING FOR OLDER PERSONS
A.	Exemption
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.
8.07	HOUSING FOR OLDER PERSONS
A.	Exemption
(1)	The provisions regarding familial status in this part do not apply to housing which satisfies the requirements of §8.07 (B) (C) or (D).
(2)	Nothing in this part limits the applicability of any reasonable, local, State, or Federal restrictions regarding the maximum number of occupants permitted to occupy a dwelling.
B.	State and Federal elderly housing programs
The provisions regarding familial status in this part shall not apply to housing provided under any Federal or State 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.
C.	62 or over housing
The provision regarding familial status in this part shall not apply to housing intended for, and solely occupied by, persons 62 years of age or older. Housing satisfies the requirements of this section even though:
(1)	There are persons in such housing on June 6, 1989 who are under 62 years of age, provided that all new occupants are persons 62 years of age or older;
(2)	There are unoccupied units, provided that such units are reserved for occupancy by 62 years of age or over;
(3)	There are units occupied by employees of the housing (and family members residing in the same unit) who are under 62 years of age provided they perform substantial duties directly related to the management or maintenance of the housing.
D.	55 or over housing
(1)	The provisions regarding familial status shall not apply to housing intended and operated for occupancy by at least one person 55 years of age or older, per unit, pursuant to this section.
g (and family members residing in the same unit) who are under 62 years of age provided they perform substantial duties directly related to the management or maintenance of the housing.
D.	55 or over housing
(1)	The provisions regarding familial status shall not apply to housing intended and operated for occupancy by at least one person 55 years of age or older, per unit, pursuant to this section.
(2)	In order to qualify as housing for older persons under this section, the housing facility must show:
(a)	That at least 80% of the dwellings are occupied by at least one person 55 years of age or older per unit, and
(b)	That the housing facility publishes, and adheres 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)	Housing satisfies the requirements of this section even though:
(a)	On , under 80 percent of the occupied units in the housing facility are occupied by at least one person 55 years of age or older per unit, provided that at least 80 percent of the units that are occupied after , are occupied by at least one person 55 years of age or older.
(b)	There are unoccupied units, provided that at least 80 percent of the occupied units are occupied by at least one person 55 years of age or older.
(c)	There are units occupied by employees of the housing provider (and family members residing in the same unit) who are under 55 years of age, provided the employees perform substantial duties directly related to the management or maintenance of the housing.
8.08	SOURCE OF INCOME DISCRIMINATION -- reserved
8.09	INTERFERENCE, COERCION OR INTIMIDATION
A.	It shall be unlawful to coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or on account of that person having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by this part.
B.	Conduct made unlawful under this section includes, but is not limited to, the following:
INTERFERENCE, COERCION OR INTIMIDATION
A.	It shall be unlawful to coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or on account of that person having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by this part.
B.	Conduct made unlawful under this section includes, but is not limited to, the following:
(1)	Coercing a person, either orally, in writing, or by other means, to deny or limit the benefits provided that person in connection with the sale or rental of a dwelling or in connection with a residential real estate-related transaction because of race, color, religion, sex, sexual orientation, national origin, ancestry, familial status, or physical or mental disability.
(2)	Threatening, intimidating or interfering with persons in their enjoyment of a dwelling because of the race, color, religion, sex, sexual orientation, national origin, ancestry, familial status, or physical or mental disability of such persons, or of visitors or associates of such persons.
(3)	Threatening an employee or agent with dismissal or an adverse employment action, or taking such adverse employment action, for any effort to assist a person seeking access to the sale or rental of a dwelling or seeking access to any residential real estate-related transaction, because of the race, color, religion, sex, sexual orientation, national origin, ancestry, familial status, or physical or mental disability of that person or of any person associated with that person.
(4)	Intimidating or threatening any person because that person is engaging in activities designed to make other persons aware of, or encouraging such other persons to exercise, rights granted or protected by this part.
(5)	Retaliating against any person because that person has made a complaint, testified, assisted, or participated in any manner in a proceeding under Subchapter IV of the Maine Human Rights Act.

## Nearby sections

- [94-348 Ch. 2 Ch. 2: Procedural Rule](https://www.frixlaw.com/law-library/statutes/STATE_ME_CMR_94_348_2.md)
- [94-348 Ch. 3 Ch. 3: Employment Regulations of the Maine Human Rights Commission](https://www.frixlaw.com/law-library/statutes/STATE_ME_CMR_94_348_3.md)
- [94-348 Ch. 4 Ch. 4-A: Procedural Rule: Equal Educational Opportunity (Chapter 4-A is a joint chapter with 05-071.)](https://www.frixlaw.com/law-library/statutes/STATE_ME_CMR_94_348_4.md)
- [94-348 Ch. 5 Ch. 5: Public Accommodations Regulations Relating to Physical or Mental Disability Discrimination in Public Conveyances of the Maine Human Rights Commission](https://www.frixlaw.com/law-library/statutes/STATE_ME_CMR_94_348_5.md)
- [94-348 Ch. 7 Ch. 7: Accessibility Regulations of the Maine Human Rights Commission](https://www.frixlaw.com/law-library/statutes/STATE_ME_CMR_94_348_7.md)
- [94-348 Ch. 8 Ch. 8: Housing Regulations of the Maine Human Rights Commission](https://www.frixlaw.com/law-library/statutes/STATE_ME_CMR_94_348_8.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_ME_CMR_94_348_8. Check the current official text before relying on it. Not legal advice.