Committee supports bills from Carney, Tipping to protect tenants who are facing eviction

AUGUSTA – On Wednesday, the Legislature’s Judiciary Committee voted in favor of two bills that protect Maine tenants from unfair evictions. An amended version of LD 45, “An Act to Prevent Retaliatory Evictions,” sponsored by Sen. Anne Carney, D-Cape Elizabeth, received a unanimous vote of 9-0, with five members absent. An amended version of LD 330, “An Act Regarding Legal Representation for Residents Facing Eviction,” sponsored by Sen. Mike Tipping, D-Orono, received a vote of 8-1 with five members absent.

“In Maine’s current housing climate, we need to do all we can to make sure tenants are protected when landlords act in bad faith. No one should be evicted for standing up for their legal rights. This legislation is a small change that will have a big impact if a tenant experiences retaliation,” said Sen. Carney, who serves as Senate Chair of the Judiciary Committee. “I want to thank my fellow committee members for their work on and support of this bill.”

“Maine is facing a housing crisis. Too many Mainers don’t have access to stable housing. When a tenant is facing an eviction notice, having legal representation often speeds up the process for all parties involved and ensures that justice is better served and fewer people are made homeless,” said Sen. Tipping. “This is a common-sense bill that will make sure Maine tenants have access to the legal assistance and information they deserve, regardless of where they’re from. I’m grateful to the committee for their support of this bill.”

Maine’s landlord-tenant laws already protect against retaliation in a few specific instances. As amended, LD 45 would add to Maine’s existing law protections for tenants when a landlord tries to raise rent in violation of Maine’s 45 day notice law or when a landlord violates the law forbidding rent increases when the condition of a dwelling is so poor that it fails to meet standards of habitability. Tenants are vulnerable to both of these practices due to the current housing shortage.

Across Maine and the country, tenants are facing unsustainable rent hikes. In 2022, tenants at Redbank Village in South Portland, which is part of Sen. Carney’s Senate District, faced rent increases of $600 per month, spiking for $1500 to $2100, after California-based property management company JRK Property Holdings took over the complex. The City of South Portland instituted an eviction moratorium and rent cap in response. However, recent data show evictions in Maine increased 27 percent between 2022 and 2021.

As amended, LD 330 would make sure that tenants facing eviction are given information about what to expect from legal proceedings, as well as a list of resources, including rental assistance programs and legal assistance organizations. In some cases, tenants would be provided more time to contact and consult with a lawyer from an organization like Legal Services for the Elderly or Pine Tree Legal Assistance before they go to court. Additionally, judges would announce at the beginning of eviction hearings if a “lawyer of the day” is available for pro-bono consultation. The bill would go into effect Jan. 1, 2024.

A recent study of eviction cases in Maine found that legal representation for tenants can make a serious difference: Those that do get legal help are 80% more likely not to be evicted; they may instead go to mediation, work out a payment plan for back rent or agree on a timeline to find new housing. In Penobscot County, only about 13% of tenants have legal representation when facing eviction, compared with 81% of landlords.

Pine Tree Legal and Maine Equal Justice testified in favor of both bills.

LD 45 and LD 330 now face votes in the Senate and House.