Maine Revised Statutes

Me. Rev. Stat. tit. 5, § 4582-A (2026)

Unlawful housing discrimination on the basis of disability

✓ current as of May 2026
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It is unlawful housing discrimination, in violation of this Act:   [PL 1989, c. 779 (NEW).]
1.  Modifications.  For any owner, lessor, sublessor, managing agent or other person having the right to sell, rent, lease or manage a housing accommodation or any of their agents to refuse to permit, at the expense of a person with physical or mental disability, reasonable modifications of existing premises occupied or to be occupied by that person if the modifications may be necessary to give that person full enjoyment of the premises, except that, with a rental, the landlord, when it is reasonable to do so, may condition permission for a modification on the renter's agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted;  
[PL 2011, c. 613, §13 (AMD); PL 2011, c. 613, §29 (AFF).]
2.  Accommodations.  For any owner, lessor, sublessor, managing agent or other person having the right to sell, rent, lease or manage a housing accommodation or any of their agents to refuse to make reasonable accommodations in rules, policies, practices or services when those accommodations are necessary to give a person with physical or mental disability equal opportunity to use and enjoy the housing; or  
[PL 2011, c. 613, §13 (AMD); PL 2011, c. 613, §29 (AFF).]
3.  Assistance animals.  For any owner, lessor, sublessor, managing agent or other person having the right to sell, rent, lease or manage a housing accommodation or any of their agents to refuse to permit the use of an assistance animal or otherwise discriminate against an individual with a physical or mental disability who uses an assistance animal at the housing accommodation unless it is shown by defense that the assistance animal poses a direct threat to the health or safety of others or the use of the assistance animal would result in substantial physical damage to the property of others or would substantially interfere with the reasonable enjoyment of the housing accommodation by others. The use of an assistance animal may not be conditioned on the payment of a fee or security deposit, although the individual with a physical or mental disability is liable for any damage done to the premises or facilities by such an assistance animal.  
[PL 2015, c. 457, §3 (AMD).]
SECTION HISTORY
PL 1989, c. 779 (NEW). PL 1991, c. 99, §18 (AMD). PL 2007, c. 243, §§2, 3 (AMD). PL 2007, c. 664, §§2-4 (AMD). PL 2011, c. 613, §13 (AMD). PL 2011, c. 613, §29 (AFF). PL 2015, c. 457, §3 (AMD).
Notes of Decisions
Cited in 4 cases (2 in the last 5 years), 2019–2026 · leading case: Oak Hill Condos. v. Diane Marchetti, 2026 ME 31 (Me. 2026).
Oak Hill Condos. v. Diane Marchetti, 2026 ME 31 (Me. 2026). · cites it 2× “See 5 M.R.S. §§ 4582-A(2), 4611 (2025). Additionally, Thibeault can assert a reasonable accommodation defense in any eviction action, which Oak Hill might pursue depending on the circumstances after the foreclosure action.”
Maine Human Rights Comm'n v. D & L Apts. (Me. Super. Ct 2019). · cites it 3× “5 M.R.S. § 4582-A(3)(emphasis added). D & L, using the above language as support, first argues that the statute requires that any person who claims disability discrimination must be in actual ownership/possession of a service animal in order for the statutory prohibition to…”
Sherwood Assocs. LP v. Jackson, 200 A.3d 1259 (Me. 2019). “" [¶4] Jackson submitted a request to Sherwood for a reasonable accommodation to use marijuana for medical purposes pursuant to the Maine Human Rights Act, 5 M.R.S. § 4582-A(2) (2017). In response to Jackson's request for accommodation, Sherwood halted the eviction process so…”
Saint Pierre v. Nfg Hous. Partners Lp (D. Me. 2023). “R.S.A. §§ 4582-A & 4633, are generally subject to the same standards and interpretations as their federal analogues.”
Me. Rev. Stat. tit. 5, § 4582-A(2): 2 cases
Oak Hill Condos. v. Diane Marchetti, 2026 ME 31 (Me. 2026). “See 5 M.R.S. §§ 4582-A(2), 4611 (2025). Additionally, Thibeault can assert a reasonable accommodation defense in any eviction action, which Oak Hill might pursue depending on the circumstances after the foreclosure action.”
Sherwood Assocs. LP v. Jackson, 200 A.3d 1259 (Me. 2019). “" [¶4] Jackson submitted a request to Sherwood for a reasonable accommodation to use marijuana for medical purposes pursuant to the Maine Human Rights Act, 5 M.R.S. § 4582-A(2) (2017). In response to Jackson's request for accommodation, Sherwood halted the eviction process so…”
Me. Rev. Stat. tit. 5, § 4582-A(3): 1 case
Maine Human Rights Comm'n v. D & L Apts. (Me. Super. Ct 2019). “5 M.R.S. § 4582-A(3)(emphasis added). D & L, using the above language as support, first argues that the statute requires that any person who claims disability discrimination must be in actual ownership/possession of a service animal in order for the statutory prohibition to…”
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