Proving Discriminatory Tenant Screening in Maine

Facing a denied rental application in Maine? Sometimes landlords make decisions based on more than credit or rental history. If you suspect discrimination during the screening process, knowing your rights under Maine and federal law is essential. This guide will help you identify discriminatory practices, collect evidence, and take action through official channels.

Understanding Discriminatory Screening: What Is It?

Landlords must follow the Maine Human Rights Act and the federal Fair Housing Act. It is unlawful to treat rental applicants differently because of:

• Race or color
• National origin
• Religion
• Sex (including sexual orientation or gender identity)
• Disability
• Familial status (including children under 18)
• Age or ancestry (also protected under Maine law)

Discriminatory screening means using these protected characteristics—directly or indirectly—to decide who gets to rent a unit, or imposing unfair conditions on certain groups.

Recognizing Signs of Discriminatory Screening

If you believe your application was rejected unfairly, watch for these possible red flags:

• The landlord tells you the unit is “no longer available” but then rents to someone else from another group.
• Different fees, deposit requirements, or application processes are applied to you versus others.
• You receive discouraging comments about your family, disability, religion, or background.
• Your application is ignored or delayed with no clear reason, while others are processed quickly.

How to Gather Evidence

To prove discriminatory screening, you’ll need clear records. Here’s how you can build your case:

• Save communications: Keep emails, texts, and voice messages with the landlord or property manager.
• Document interactions: Write down dates, times, names, and what was said or done during any meetings, calls, or showings.
• Compare treatment: If possible, find out if others were treated differently (for example, by speaking with other applicants).
• Request reasons in writing: Politely ask the landlord to explain why your application was denied.
• Keep copies: Save all rental ads and application forms related to your experience.

Detailed records make your complaint much stronger should you decide to report discrimination.

How to File a Discrimination Complaint in Maine

You have the right to file a fair housing complaint if you suspect you were screened out due to discrimination. In Maine, this process is managed by the Maine Human Rights Commission (MHRC).

Key Form: MHRC Intake Questionnaire

• Name: MHRC Intake Questionnaire (Housing)
• When to use: Use this form as the first step to report suspected discrimination in the screening process. For example, if you were denied an apartment after disclosing a disability, you would complete and submit this form.
• Official Source: Download the MHRC Intake Questionnaire (Housing)

How the Maine Human Rights Commission Helps

• The Maine Human Rights Commission investigates housing discrimination cases, including screening violations.
• They may mediate between you and the landlord or conduct an official investigation.
• If they find evidence of discrimination, remedies could include ordering the landlord to rent to you, stopping the unlawful practice, or awarding damages.

State law requires you to file your complaint within 300 days of the discriminatory act.
It’s also possible to file a complaint with the federal U.S. Department of Housing and Urban Development (HUD).

Relevant Laws Protecting Maine Renters

Two major legal protections:

• Maine Human Rights Act
• Federal Fair Housing Act

For additional protection, refer to the Maine Residential Landlord and Tenant Act for rules on rental applications and tenant rights.

FAQ: Discriminatory Screening in Maine

1. How soon do I need to file a discrimination complaint in Maine?
   You must file a housing discrimination complaint within 300 days of the incident with the Maine Human Rights Commission.
2. Can a landlord deny me for bad credit if it impacts all applicants equally?
   Landlords can use credit checks if they apply the same standard to every applicant and do not target protected classes unfairly.
3. If I win my case, what outcomes are possible?
   If discrimination is found, the Maine Human Rights Commission can order the landlord to rent to you, pay you damages, or change their practices.
4. Does the law protect me from retaliation if I complain?
   Yes. Maine law prohibits landlords from retaliating against tenants or applicants who file fair housing complaints.
5. Is it better to file with Maine or with HUD?
   You can file with either the Maine Human Rights Commission or HUD. Sometimes both agencies will coordinate if you file with one.

Conclusion: What Renters Should Remember

• Discriminatory screening based on protected characteristics is illegal in Maine.
• Keep good records of all interactions and communications with landlords.
• Report suspected discrimination promptly using official forms and agencies.

Understanding your rights and following the correct process can help you secure fair treatment in Maine's rental market.

Need Help? Resources for Renters

• Maine Human Rights Commission (MHRC) – Report discrimination, access complaint forms, or get guidance on fair housing rights. Phone: (207) 624-6290.
• HUD Fair Housing Discrimination Complaint Process – File a complaint online or learn about protections under the federal Fair Housing Act.
• MaineHousing – State resource for housing assistance and tenant education in Maine.
• Pine Tree Legal Assistance – Free legal help and information for Maine renters facing discrimination or other legal issues.

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1. Maine Human Rights Act, Title 5, Chapter 337
2. Fair Housing Act (42 U.S.C. §§ 3601-3619)
3. Maine Residential Landlord and Tenant Act, Title 14, Chapter 709
4. Maine Human Rights Commission Intake Forms (Housing)
5. Maine Human Rights Commission

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