Understanding ADA and FHA Accessibility Rights for Renters in Maine

If you or someone in your household has a disability, knowing your accessibility rights as a renter in Maine is essential. Two key federal laws—the Americans with Disabilities Act (ADA) and Fair Housing Act (FHA)—set the standards for accessible housing, but they apply differently. Understanding these laws can help you ensure your rental home meets your needs and that reasonable accommodations are provided when required under Maine law.

ADA and FHA: What Are They and Who Do They Protect?

The Americans with Disabilities Act (ADA) is a federal law that requires accessibility in public spaces, including certain rental housing, mainly for common areas managed by state or local governments or commercial entities. The Fair Housing Act (FHA) protects renters from discrimination due to disability and requires landlords to allow reasonable accommodations and modifications in most housing, including private rentals.^[1]

Main Differences Between ADA and FHA

• ADA applies mainly to public or government-owned housing and the public/common areas of apartment complexes.
• FHA applies to most private and public rental housing. It prohibits discrimination and requires landlords to allow changes that help disabled tenants use their homes fully.

The two laws often work together, but if your rental is privately-owned, the FHA may be more directly relevant to your day-to-day tenancy experience.

Accessibility Standards for Maine Rentals

In Maine, both federal laws and state rules guarantee protections for renters with disabilities. Key provisions include:

• Landlords cannot refuse to rent to someone because of a disability.
• Landlords must permit reasonable accommodations—such as a reserved parking spot or allowing a service animal—even if there is a "no pets" policy.
• Reasonable modifications, like installing grab bars or ramps, are allowed. The tenant may need to pay for the change, but landlords cannot prevent reasonable requests.
• Housing constructed after March 13, 1991, with four or more units must meet specific design and construction accessibility standards under the FHA.

The Maine Department of Health and Human Services: Office of Aging and Disability Services provides more details on disability-friendly accommodations and supports for renters.

Asking for a Reasonable Accommodation or Modification

To request a change, you do not need to use a special form, but your request must be clear. It's best practice to put your request in writing, stating:

• That you (or someone in your household) has a disability
• The change or accommodation you need
• How it will help you use your home

You may be asked to provide verification from a medical professional if the disability or need is not obvious. Landlords cannot ask for detailed medical records.

Official Forms for Requesting Accommodation

• Reasonable Accommodation or Modification Request (Sample Letter)
  Use: This is not a government-mandated form, but Maine recognizes written requests as sufficient. You can adapt HUD's model form for reasonable accommodation requests.
  Download HUD Sample Reasonable Accommodation Request
  Example: You need grab bars in your bathroom. Write a letter (or fill the sample form) to your landlord explaining your request and how it relates to your disability.
• Maine Human Rights Commission Housing Discrimination Complaint Form
  Use: If you believe you were denied a reasonable accommodation, you can file this form with the Commission.
  File a Housing Complaint (Maine Human Rights Commission)
  Example: Your landlord refuses your request for a ramp. You use the official form to open an investigation.

How Maine Handles Issues: Official Tribunal and Laws

The Maine Human Rights Commission (MHRC) is the official board handling housing discrimination complaints in the state. If you file a complaint or believe your rights under disability access laws have been violated, MHRC will investigate and may resolve your case.^[2]

For detailed rights and landlord responsibilities, see the Maine Revised Statutes, Title 14: Court Procedure -- Civil, Chapter 709 – Residential Landlord and Tenant Act.^[3]

Summary: Your Rights at a Glance

• You can ask for changes or accommodations due to disability
• Landlords must consider your request and cannot unreasonably deny it
• If denied, you have the right to file a formal complaint with MHRC or HUD
• Different standards may apply depending on whether the ADA or FHA covers your housing type

1. What is a reasonable accommodation under Maine rental law?
   A reasonable accommodation is a change to policies or practices that helps a disabled renter live comfortably—such as installing a ramp, allowing a service animal, or assigning a reserved parking space.
2. Does my landlord have to pay for accessibility modifications?
   Most of the time, tenants pay for physical modifications (like grab bars), but landlords must allow them. However, for reasonable accommodations that don't involve construction (like changing lease terms), landlords cannot charge extra fees.
3. How do I request a reasonable accommodation in Maine?
   Submit your request in writing to your landlord, describing the accommodation and linking it to your disability. You can use a sample form or letter for clarity (HUD sample).
4. What can I do if my landlord denies my accommodation request?
   You have the right to file a complaint with the Maine Human Rights Commission or with HUD for investigation and resolution.
5. Does ADA cover my apartment?
   The ADA mostly covers public spaces and common areas in large apartment complexes. For private rentals, your disability rights are typically protected under the FHA instead.

Conclusion: Key Takeaways for Maine Renters

• Both ADA and FHA can protect your right to accessibility in Maine, with FHA most relevant to private rental housing.
• Submit all accommodation or modification requests in writing for documentation.
• If your request is denied, file a complaint with the Maine Human Rights Commission or HUD for help.

Knowing your rights under state and federal law helps ensure a safer and more accessible home.

Need Help? Resources for Renters

• Maine Human Rights Commission – For filing discrimination or accessibility complaints
• HUD Fair Housing Complaint Process – Federal complaint and support for accessibility issues
• Maine Residential Landlord and Tenant Act – Full tenancy law text
• Maine Office of Aging and Disability Services – Info and advocacy for accessible housing

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1. See: Fair Housing Act summary (U.S. Department of Justice)
2. Official board: Maine Human Rights Commission
3. Relevant law: Maine Revised Statutes, Title 14: Residential Landlord and Tenant Act

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