Democrat lawmakers in Augusta have introduced a bill that aims to prohibit “housing discrimination” based on a person’s source of income under the Maine Human Rights Act.

If approved, this law would prevent anyone looking to sell or rent a property from refusing to rent to, or engage in housing negotiations with, individuals because of their income source, so long it is legal and rightfully obtained.

For example, landlords and property owners could not discount potential tenants or buyers because a portion of their income is sourced from a public assistance program, non-governmental organization (NGO), or the Social Social Security Administration.

This prohibition, however, would not apply to an owner of less than four “residential dwelling units held for rental purposes.”

The proposed law would also block property owners from excluding housing subsidy amounts when determining a potential tenant’s financial eligibility.

In other words, a potential tenant’s eligibility to rent an apartment may not be calculated based on the entire amount of the monthly rent when a portion of that rent would be subsidized.

Violations of either of these provisions would entitled the aggrieved party to be paid a monetary penalty of $1,000 or “actual damages,” whichever is greater.

Sponsored by Rep. Cheryl A. Golek (D-Harpswell), a public hearing on LD 847 was held by the Judiciary Committee on Monday, March 10.

“It should go without saying that housing discrimination is discrimination,” Rep. Golek said in her testimony introducing this bill. “We need stronger laws to protect our citizens from this form of discrimination.”

She goes on to explain that in 2014, the Maine Supreme Judicial Court ruled 4-3 that discrimination against a potential tenant receiving a housing voucher “because of the voucher program’s required lease form did not constitute discrimination based on the voucher tenant’s ‘status’ as a recipient of housing assistance.”

“This decision opened the door to discrimination against families with Housing Choice Vouchers and other sources of income used to pay rent,” she argued.

“Being able to pay rent is lifesaving; it should not matter where a person’s source of income comes from that they use to pay their rent, and we should not have policies with loopholes that allow for source of income discrimination in housing,” said Golek.

“LD 847 is a crucial step towards creating a strong source of income protection, lowering the rates of housing discrimination and increasing access to safe, affordable housing in our state,” she concluded. “This bill is not just about addressing a problem; it’s about an urgently needed change.”

Testifying in support were organization such as Maine Youth Power, American Civil Liberties Union (ACLU) Maine, and the Maine Affordable Housing Coalition.

Offering testimony against this legislation was the Central Maine Apartment Owners Association, arguing that it would “force private citizens to enter into contracts against their will,” allegedly infringing upon their Fourteenth and Fifth Amendment rights.

They also pointed out that, for some owners, “the contracts of some state and/or federal programs [would be] in direct conflict with an owner’s legally administered contracts.”

“For example, the Section 8 program requires a 1-year lease, some owners only want to do month to month or even week to week for various reasons,” they explained.

“We would like to see a focus on policies that will encourage developing new and modern housing options rather than creating legislation that is perceived as might create more access to the limited housing that exists,” they concluded.

Click Here for More Information on LD 847

During the previous legislative session, lawmakers had approved a now-defunct resolution establishing a Commission to study the extent to which housing voucher recipients in the state are discriminated against for receiving income-based assistance.

The Commission would have been required to produce a report by November 6, 2024 detailing their findings and recommendations to the Legislature, including any suggested legislation.

Despite the fact that the Housing Committee’s recommendation to the Legislature was split along partisan lines — with all Democrats supporting the majority Ought to Pass As Amended report and all Republicans signing onto the Ought Not to Pass report — both chambers ultimately passed the resolution without a roll call vote.

This resolution never went into effect, however, because Gov. Janet Mills (D) vetoed it alongside thirty-five other bills approved by lawmakers on “Veto Day.”

The final day of the Legislative session in Maine — colloquially referred to as “Veto Day” — is typically set aside for lawmakers to consider whether or not to overturn any vetoes that have been issued by the governor.

Last year, however, lawmakers also used this time to pass nearly three dozen new bills that were subsequently sent to Gov. Mills for final approval.

In a letter shared with members of the Legislature, Mills explained that she would not be signing any of these measures into law, irrespective of her stance on their objectives.

Lawmakers on the Judiciary Committee will continue to consider Golek’s LD 847 this year before ultimately releasing its recommendation to the full Legislature ahead of a series of votes on the chamber floor.