Protecting Your Rights: Familial Status Discrimination for Maine Renters

Renters in Maine have robust protections against housing discrimination, especially concerning 'familial status.' This term means that landlords cannot treat you unfairly simply because you have children under 18, are pregnant, or are securing custody of a child. Understanding your rights and how to address any violations can help you maintain a safe and fair home for your family.

What Is Familial Status Discrimination?

Familial status discrimination occurs when someone is treated unfairly in housing situations because they live with children under 18, are pregnant, or are in the process of gaining legal custody of a child. Both federal and Maine state laws make it illegal for landlords to refuse to rent, impose different rules, or otherwise discriminate based on this status.^[1][2]

Examples of Familial Status Discrimination

• Denying your rental application because you have children
• Setting special rules or higher deposits for families with kids
• Advertising 'adults only' apartments (except in certain legal retirement or senior complexes)
• Refusing reasonable accommodations for a pregnant tenant

Families have the right to live where they choose and should never face unfair treatment due to children in the household.

Your Legal Protections as a Maine Renter

Two primary laws protect you from this type of discrimination:

• The Maine Human Rights Act (5 M.R.S. §§ 4551–4634) bans discrimination in housing, including familial status.^[1]
• The federal Fair Housing Act protects the same rights nationwide.^[2]

It is illegal for any landlord to:

• Refuse to rent or renew a lease because of your family status
• Offer different rental terms or conditions for families with children
• Harass or intimidate tenants based on familial status

Taking Action: How to Report Discrimination

If you believe you have been treated unfairly, you have the right to file a complaint with the appropriate agency. In Maine, this is the Maine Human Rights Commission. They review housing discrimination complaints and work to resolve violations.^[3] The federal Department of Housing and Urban Development (HUD) also investigates housing discrimination.

Key Forms and How to Use Them

• Maine Human Rights Commission Housing Discrimination Complaint Form
  • Name/Number: Housing Discrimination Intake Questionnaire
  • When to Use: Use this form if you believe a landlord has discriminated against you based on familial status.
  • How to Use: Complete and submit the form as soon as possible after the incident (generally within 300 days).
  • Submit a Housing Discrimination Complaint
• HUD Form 903 (HUD Housing Discrimination Complaint Form)
  • When to Use: If you prefer to file with the federal government, you can submit HUD Form 903 online or by mail within one year of the incident.
  • File a HUD Housing Discrimination Complaint

Remember: Filing a complaint is always your right. The process is confidential, and landlords are forbidden from retaliating against you for filing.

What Happens After You File?

Whether you file through the Maine Human Rights Commission or HUD, an investigator will review your case and may try to mediate a resolution. If necessary, your case can go to a formal hearing or court.

Important Legislation and Resources

The key legislation covering your rights as a renter regarding familial status is the Maine Human Rights Act, 5 M.R.S. Chapter 337. For general renter rights and matters like eviction or housing maintenance, Maine’s landlord-tenant law is the Maine Residential Landlord and Tenant Act.^[4]

Frequently Asked Questions (FAQ)

1. What does 'familial status' mean in Maine rental housing?
   It means you are protected from being discriminated against because you have children under 18, are pregnant, or are gaining custody of a child.
2. Can a landlord in Maine refuse to rent to families with children?
   No. It is illegal for landlords to refuse, restrict, or offer different terms to families with children, except for certain age-restricted communities.
3. How do I file a complaint about familial status discrimination?
   Contact the Maine Human Rights Commission and submit the Housing Discrimination Complaint Form, or use the federal HUD complaint system.
4. What is the time limit to file a housing discrimination complaint in Maine?
   Generally, you must file within 300 days at the state level, or within one year if you file federally with HUD.
5. Who handles residential tenant complaints in Maine?
   The Maine Human Rights Commission is the official agency that accepts and investigates housing discrimination complaints.

Conclusion: Key Takeaways

• Under Maine and federal law, landlords cannot discriminate against you due to children or pregnancy.
• You can file a complaint confidentially with the Maine Human Rights Commission or HUD.
• Time limits apply, so it’s important to act quickly if you suspect discrimination.

Being informed empowers you to create a safer, fair housing experience for yourself and your family.

Need Help? Resources for Renters

• Maine Human Rights Commission – Housing discrimination complaints, advice, and mediation (Phone: 207-624-6290)
• Maine Legal Aid – Free advice and possible representation for renters
• HUD: Maine Office – Federal tenant protection resources
• Maine Residential Landlord and Tenant Act – Full text of state law protecting renters

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1. Maine Human Rights Act, 5 M.R.S. §§ 4551–4634
2. U.S. Department of Housing and Urban Development – Familial Status FAQs
3. Maine Human Rights Commission: File a Housing Complaint
4. Maine Residential Landlord and Tenant Act

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