Code of Maine Rules
94 - INDEPENDENT AGENCIES
348 - MAINE HUMAN RIGHTS COMMISSION
Chapter 8 - HOUSING REGULATIONS OF THE MAINE HUMAN RIGHTS COMMISSION
Section 348-8-03 - DEFINITIONS
Current through 2024-38, September 18, 2024
Accessible, when used with respect to the public and common use areas of a building containing covered multifamily dwellings, means that the public or common use areas of the building can be approached, entered, and used by individuals with physical or mental disabilities. The phrase readily accessible to and usable by is synonymous with accessible. A public or common use area that complies with the appropriate standards of construction is accessible within the meaning of this paragraph.
Accessible route means a continuous unobstructed path connecting accessible elements and spaces in a building or within a site that can be negotiated by a person with a severe disability using a wheelchair and that is also safe for and usable by people with other physical or mental disabilities. Interior accessible routes may include corridors, floors, ramps, elevators and lifts. Exterior accessible routes may include parking access aisles, curb ramps, walks, ramps and lifts. A route that complies with the appropriate standards of construction is an accessible route.
Alteration means a change to a facility that affects or could affect the usability of the facility or any part of the facility, including, but not limited to, reconstruction, remodeling, rehabilitation, historic restoration, changes or rearrangement in structural parts or elements and changes or rearrangement in the plan configuration of walls and full-height partitions. Alteration does not include normal maintenance, decoration and upgrades, including, but not limited to, reroofing, re-siding, painting or wallpapering, replacement of doors or windows, asbestos removal and changes to mechanical and electrical systems unless they affect the usability of the facility.
Assistance animal means:
(1) An animal that has been determined necessary for an individual with a physical or mental disability to mitigate the effects of a physical or mental disability by a physician, psychologist, physician assistant, nurse practitioner, licensed social worker, licensed professional counselor, or other licensed health professional with knowledge of the disability-related need for an assistance animal; or
(2) An 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 retrieving dropped items.
Broker or Agent includes any person authorized to perform an action on behalf of another person regarding any matter related to the sale or rental of dwellings, including offers, solicitations or contracts and the administration of matters regarding such offers, solicitations or contracts or any residential real estate-related transactions. "Real estate broker", "associate real estate broker", and "real estate sales agent" have the same definitions as are given respectively in Title 32, sections 13198, 13199 and 13200; but include all persons meeting those definitions, whether or not they are licensed or required to be licensed.
Builder means the applicant for a building permit in a municipality that requires these permits or the owner of the property in a municipality that does not require building permits.
Building means a structure, facility or portion thereof that contains or serves one or more dwelling units.
Building entrance on an accessible route means an accessible entrance to a building that is connected by an accessible route to public transportation stops, to accessible parking and passenger loading zones, or to public streets or sidewalks, if available. A building entrance that complies with the appropriate standards of construction complies with this paragraph.
Common use areas means rooms, spaces or elements inside or outside of a building that are made available for the use of residents of a building or the guests thereof. These areas include hallways, lounges, lobbies, laundry rooms, refuse rooms, mail rooms, recreational areas and passageways among and between buildings.
Controlled substance means any drug or other substance, or immediate precursor as defined in State or Federal Controlled Substance Acts.
Covered multifamily dwellings means buildings consisting of 4 or more dwelling units if such buildings have one or more elevators; and ground floor dwelling units in other buildings consisting of 4 or more dwelling units.
Design professional means an architect or professional engineer registered to practice under Title 32.
Discriminatory housing practice means an act that is unlawful under Subchapter IV of the Maine Human Rights Act.
Dwelling means any building, structure or portion thereof which is occupied as, or designed or intended for occupancy as a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure or portion thereof.
Dwelling unit means a single unit of residence for a family or one or more persons. Examples of dwelling units include: a single family home, an apartment unit within an apartment building; and in other types of dwellings in which sleeping accommodations are provided but toileting or cooking facilities are shared by occupants of one room or portion of the dwelling, rooms in which people sleep. Examples of the latter include dormitory rooms and sleeping accommodations in shelters intended for occupancy as a residence for homeless persons.
Entrance means any access point to a building or portion of a building used by residents for the purpose of entering.
Exterior means all areas of the premises outside of an individual dwelling unit.
Family includes, but is not limited to, a single individual.
Familial status means that a family unit may contain:
(1) One or more individuals who have not attained the age of 18 years and are living with a parent or another person having legal custody of the individual or individuals; or the designee of the parent or other person having custody, with the written permission of the parent or other person; or
(2) One or more individuals 18 years of age or older who lack the ability to meet essential requirements for physical health, safety or self-care because the individual or individuals are unable to receive and evaluate information or make or communicate decisions.
The protections afforded against discrimination on the basis of familial status shall apply to any person who is pregnant or is in the process of securing legal custody of any individual meeting the above definitions.
First occupancy means a building that has never before been used for any purpose.
Gender identity means the gender-related identity, appearance, mannerisms, or other gender-related characteristics of an individual, regardless of the individual's assigned sex at birth.
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.
Harassment includes verbal or physical conduct related to a protected class or directed at a person or persons because of protected class status when:
(1) Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's access to housing or any of the terms, conditions, or privileges of housing;
(2) Submission to or rejection of such conduct by an individual is used as the basis for an individual's access to housing or any of the terms, conditions, or benefits of housing;
(3) Such conduct has the purpose or effect of unreasonably interfering with an individual's access to housing or any of the terms, conditions, or benefits of housing, or creating an intimidating, hostile, or offensive environment in those settings; or
(4) Such conduct constitutes an assault, as defined by Title 17-A, section 207.
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.
Order of protection means an order of protection from abuse issued pursuant to 19-A M.R.S. §4007.
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:
(1) 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;
(2) 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
(3) 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.
Protected class status means the classes listed in 5 M.R.S. §4581. Protected class also includes being perceived as a member of a protected class, as well as having a known relationship or association with a member of a protected class. Protected class also includes traits associated with protected class status, such as natural hair textures, Afro styles and protective hair styles (such as braids, twists, and locks) or protected-class related body modifications.
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:
(1) The making or purchasing of loans or providing other financial assistance -
(2) The selling, brokering or appraising of residential real property.
Sexual orientation means a person's pattern of sexual, emotional, or romantic attraction to others, which may include, but is not limited to, actual or perceived heterosexuality, bisexuality, and homosexuality. Sexual orientation as a protected class also includes a person's gender identity and gender expression.
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.
