Maine Landlords and Criminal History: Renter Protections Explained

If you're renting in Maine and concerned about what landlords can legally ask regarding your criminal history, you're not alone. Maine law offers specific protections about how criminal backgrounds can be considered in rental decisions. Understanding these rules can help you confidently apply for housing and know your rights if questions arise during the application process.

Landlord Screening and Criminal History in Maine

Many renters wonder if a landlord can ask about past convictions or arrests. In Maine, landlords are generally allowed to check criminal histories, but their use of this information is limited by federal Fair Housing laws and state-level anti-discrimination protections[1]. This means landlords must follow careful guidelines and cannot automatically deny housing based solely on criminal records without a valid, non-discriminatory reason.

What Can a Landlord Ask?

• Landlords may ask about convictions but typically not about arrests that did not lead to conviction.
• They must treat all applicants the same. Selectively screening only certain groups can violate fair housing laws.
• Blanket policies (for example, refusing anyone with a criminal record) can be deemed discriminatory by federal law.

For official guidance, visit the Maine Human Rights Commission, which enforces fair housing protections in the state.

How Maine Law Protects Renters

Maine follows the Maine Human Rights Act, as well as the Maine Uniform Residential Landlord and Tenant Act. These laws prohibit discrimination in housing based on several protected classes, and unfairly using criminal history to deny housing may be challenged if it leads to unequal treatment, especially affecting particular racial or ethnic groups.

What if You’re Denied Based on Criminal History?

If you believe a landlord used your criminal record in a discriminatory way:

• Ask the landlord for a written reason for the denial.
• Gather any documents related to your application, communications, and any evidence of inconsistent screening practices.
• You may file a complaint with the Maine Human Rights Commission using their official form.

Official Forms and How to Use Them

• Housing Discrimination Complaint Form
  Maine Human Rights Commission Housing Discrimination Complaint Form:
  Use if you believe you were unfairly denied housing due to criminal history or discriminated against in the rental process. Fill out online or mail to the address provided. This starts the review of your complaint by the state commission.
• Uniform Summary Process (Eviction) Forms
  While not directly related to screening, if a criminal history issue results in eviction, the official Maine courts provide Summary Process/Eviction Forms. For example, the "Forcible Entry and Detainer Complaint" form is needed if you want to respond to an eviction case.

Forms are available on official sites for convenience. Always review detailed instructions and deadlines for filing.

What Housing Tribunals Cover These Issues?

Rental disputes and complaints about housing discrimination in Maine are overseen by the Maine Human Rights Commission. Eviction cases and other tenancy matters are handled through the Maine District Court. Each has official complaint or petition forms for renters to use.

Relevant Maine Tenancy Legislation

• The Maine Human Rights Act explains official fair housing rights.
• The Maine Uniform Residential Landlord and Tenant Act outlines general landlord-tenant responsibilities.

Both set important rules for renter protections, tenant applications, and landlord disclosures.

FAQ: Maine Renters and Criminal Background Checks

1. Can a Maine landlord reject me for any type of criminal record?
   Landlords must have a valid and fair reason linked to the safety of the property or community. Blanket rejections are discouraged and may violate fair housing rules.
2. Are landlords allowed to check for arrests or only convictions?
   Landlords in Maine typically focus on convictions. The use of arrest records alone is considered problematic and may be challenged.
3. What should I do if I suspect discrimination?
   Gather evidence and promptly file a complaint with the Maine Human Rights Commission, explaining why you believe the decision was discriminatory.
4. Is there an application form to contest a housing denial?
   Yes, you can submit the Housing Discrimination Complaint Form to the Maine Human Rights Commission.
5. How does the Maine Human Rights Commission investigate complaints?
   After you submit the form, the Commission will review your claim, contact both parties, and determine if discrimination occurred.

Conclusion: Key Takeaways for Maine Renters

• Landlords in Maine may ask about criminal history, but they must follow strict anti-discrimination laws.
• If you feel a housing decision was made unfairly based on your record, you have the right to file a formal complaint.
• Seek help early—from the Maine Human Rights Commission or official housing agencies—to ensure your rights are protected.

Need Help? Resources for Renters

• Maine Human Rights Commission – File a discrimination complaint or get answers about fair housing rights.
• MaineHousing – State agency with renter resources, advocacy programs, and emergency assistance.
• Maine District Court – For eviction cases and official forms.
• Maine Human Rights Act – Official text of anti-discrimination housing laws.

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1. Federal Fair Housing Act, Title VIII – HUD
2. Maine Human Rights Commission – Housing Discrimination Complaints
3. Maine Human Rights Act (Title 5, Chapter 337)
4. Maine Uniform Residential Landlord and Tenant Act (Title 14, Chapter 710)
5. Maine Judicial Branch – Eviction and Landlord/Tenant Forms

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