Lawmakers in Augusta are set to discuss a bill Tuesday that aims to prohibit “housing discrimination” based on a person’s source of income under the Maine Human Rights Act.
If approved, LD 847 would prevent anyone looking to sell or rent a property from refusing to rent to, or engage in housing negotiations with, individuals because of their income source, so long it is legal and rightfully obtained.
For example, landlords and property owners could not discount potential tenants or buyers because a portion of their income is sourced from a public assistance program, non-governmental organization (NGO), or the Social Social Security Administration.
This prohibition, however, would not apply to an owner of less than four “residential dwelling units held for rental purposes.”
The proposed law would also block property owners from excluding housing subsidy amounts when determining a potential tenant’s financial eligibility.
In other words, a potential tenant’s eligibility to rent an apartment may not be calculated based on the entire amount of the monthly rent when a portion of that rent would be subsidized.
Violations of either of these provisions would entitle the aggrieved party to be paid a monetary penalty of $1,000 or “actual damages,” whichever is greater.
[RELATED: Judiciary Committee Mulls Bill Prohibiting Housing Discrimination Under the Maine Human Rights Act]
Bill sponsor Rep. Cheryl A. Golek (D-Harpswell) explained during a public hearing last year that in 2014, the Maine Supreme Judicial Court ruled 4-3 that discrimination against a potential tenant receiving a housing voucher “because of the voucher program’s required lease form did not constitute discrimination based on the voucher tenant’s ‘status’ as a recipient of housing assistance.”
“This decision opened the door to discrimination against families with Housing Choice Vouchers and other sources of income used to pay rent,” she argued.
“LD 847 is a crucial step towards creating a strong source of income protection, lowering the rates of housing discrimination and increasing access to safe, affordable housing in our state,” she concluded. “This bill is not just about addressing a problem; it’s about an urgently needed change.”
Testifying in support of the bill at the time were organization such as Maine Youth Power, American Civil Liberties Union (ACLU) Maine, and the Maine Affordable Housing Coalition.
Offering testimony against this legislation was the Central Maine Apartment Owners Association, arguing that it would “force private citizens to enter into contracts against their will,” allegedly infringing upon their Fourteenth and Fifth Amendment rights.
They also pointed out that, for some owners, “the contracts of some state and/or federal programs [would be] in direct conflict with an owner’s legally administered contracts.”
“For example, the Section 8 program requires a 1-year lease, some owners only want to do month to month or even week to week for various reasons,” they explained.
“We would like to see a focus on policies that will encourage developing new and modern housing options rather than creating legislation that is perceived as might create more access to the limited housing that exists,” they concluded.
Although an initial work session for this bill was held by the Judiciary Committee this past spring, lawmakers moved to reconsider the proposal and carry it over to this legislative session.
