Maine Fair Housing Occupancy Standards Explained

As a renter in Maine, understanding how many people can legally live in your rental is important for your housing stability and your rights. Fair housing occupancy standards are in place to balance residents’ needs, safety, and protections against discrimination. This guide explains what to expect under Maine law, your protections as a renter, and where to get help if you encounter issues related to family size or occupancy.

What Are Occupancy Standards Under Fair Housing Laws?

Occupancy standards refer to rules about how many people—adults and children—can reside in a rental unit. In Maine, these standards are based on a combination of federal fair housing laws, state regulations, and local codes. They are designed to ensure safe living conditions and prevent housing discrimination, such as refusing to rent to families with children.

Federal and State Law Protections

• The Fair Housing Act prohibits discrimination based on family status (such as having children).
• Maine's Human Rights Act provides similar protections at the state level.
• Local codes may set their own minimum space requirements per occupant.

This means landlords in Maine cannot set arbitrary occupancy limits to exclude families or specific groups protected by law.

How Are Reasonable Occupancy Limits Set?

While no single statewide law sets a specific number, the commonly accepted guideline from the U.S. Department of Housing and Urban Development (HUD) is two persons per bedroom, plus one additional person per unit. However, local ordinances and the configuration or size of the unit may also play a role.

• Key factors that may affect occupancy:
  • Number and size of bedrooms
  • Overall square footage of the rental
  • Local building and safety codes
  • Ability of the home’s systems (e.g., plumbing) to support residents

It is illegal for Maine landlords to refuse to rent to families with children or impose stricter occupancy limits than required by safety or local codes. If you believe you have been denied housing because of your family size or status, you have the right to file a complaint.

Forms and How to File a Discrimination Complaint

• Form Name: Maine Human Rights Commission Intake Questionnaire
• When to Use: If you believe a landlord set unreasonable occupancy limits or discriminated against you based on your family size, use this form to begin your complaint with the Maine Human Rights Commission.
• How to Use: Download and complete the Intake Questionnaire and submit it to the Commission by mail, email, or in person.

Examples of when to use this form include being told a "two-bedroom unit is only for two people" when you have children, or if the landlord singles out families for extra rules.

What to Do if You Face Occupancy Discrimination

If you encounter issues like a landlord refusing your application or threats of eviction because of household size, Maine law protects you. The Maine Human Rights Commission is the official board that investigates these cases. You can also use protections in the Maine Human Rights Act and refer to Maine landlord-tenant law for more details.

Your Rights and Next Steps

Remember, occupancy rules must be reasonable and non-discriminatory. If your landlord sets limits that go beyond what is required for safety or building codes, you can challenge these restrictions. Keeping records of all landlord communications can help if you need to file a complaint.

Frequently Asked Questions

1. What is the standard occupancy limit for rentals in Maine?
   The general guideline is two people per bedroom plus one. However, actual limits may be set by local codes based on the size and amenities of the unit.
2. Can a landlord refuse to rent to me because my family has children?
   No. Under both state and federal law, it is illegal for landlords to discriminate against families with children or impose stricter occupancy standards based on family status.
3. Where do I report a landlord for denying my application due to family size?
   You can file a complaint with the Maine Human Rights Commission by using their Intake Questionnaire.
4. How can I find out what local occupancy codes apply to my rental?
   Contact your city or town’s code enforcement office, or check your municipality’s official website for specific occupancy rules.
5. Does the number of bathrooms or total square footage matter?
   Yes, sometimes. Local codes and the design of the unit, such as total bedrooms, bathrooms, and square footage, can set maximum occupancy limits.

Key Takeaways for Maine Renters

• Occupancy standards in Maine generally follow the two-per-bedroom-plus-one guideline but may vary with local codes and unit size.
• Landlords cannot impose stricter limits or refuse rentals because of family size or children.
• If you face possible discrimination, you can file a complaint with the Maine Human Rights Commission and seek legal guidance.

Need Help? Resources for Renters

• Maine Human Rights Commission (MHRC) – Handles discrimination complaints, including issues with occupancy standards.
• Maine Human Rights Act (Title 5, Chapter 337) – Read the full law protecting against housing discrimination.
• Maine Residential Landlord and Tenant Act – Main state statute for rental housing rights and obligations.
• MaineHousing: Tenant and Landlord Laws – Additional renter rights resources, links, and contacts.
• For questions about your rental unit or a specific town’s code, contact your local municipality or code enforcement office.

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1. Fair Housing Act – U.S. Department of Justice
2. Maine Human Rights Act – Title 5, Chapter 337
3. Maine Residential Landlord and Tenant Act – Title 14, Chapter 709
4. Maine Human Rights Commission
5. MHRC Complaint and Intake Forms

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