Code of Maine Rules
94 - INDEPENDENT AGENCIES
348 - MAINE HUMAN RIGHTS COMMISSION
Chapter 8 - HOUSING REGULATIONS OF THE MAINE HUMAN RIGHTS COMMISSION
Section 348-8-06 - PROHIBITION AGAINST DISCRIMINATION BECAUSE OF PHYSICAL OR MENTAL DISABILITY
Universal Citation: 94 ME Code Rules ยง 348-8-06
Current through 2024-38, September 18, 2024
A. 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. 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.
B. 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.
C. 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. 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.
(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. 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). 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.
(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.
D. Assistance 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 an assistance animal or otherwise discriminate against an individual with a physical or mental disability who uses a assistance animal at the housing accommodation unless it is shown by defense that the assistance animal poses a direct threat to the health or safety of others or the use of the assistance 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 an assistance 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 assistance animal to the same extent that all individuals are liable for damages done to the premises or facilities.
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