Code of Maine Rules
94 - INDEPENDENT AGENCIES
348 - MAINE HUMAN RIGHTS COMMISSION
Chapter 8 - HOUSING REGULATIONS OF THE MAINE HUMAN RIGHTS COMMISSION
Section 348-8-05 - DISCRIMINATION IN RESIDENTIAL REAL ESTATE-RELATED TRANSACTIONS
Universal Citation: 94 ME Code Rules ยง 348-8-05
Current through 2024-38, September 18, 2024
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 protected class.
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 protected class status.
(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 protected class status.
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 protected class
status.
(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 protected class
status 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 protected class status.
(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 protected class status.
(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 protected class status.
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 protected class
status.
(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 protected class status.
(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 protected class status.
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 protected class status.
(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.
(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
protected class status.
(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 protected
class status.
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