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Fair Housing Protected Classes in Maine 2026

Federal Fair Housing Act baseline plus Maine-specific additions under 5 M.R.S. § 4581-A (Maine Human Rights Act).

12 classes Total protected (7 federal + 5 state)
Statewide Source-of-income protection
5 additions Beyond federal baseline
$25,597 Federal first-offense max civil penalty (24 C.F.R. § 180.671)
Federal baseline (uniform in Maine): The Fair Housing Act, 42 U.S.C. § 3604, prohibits discrimination based on race, color, religion, national origin, sex (incl. sexual orientation and gender identity per HUD 2021), familial status, and disability. These seven classes are enforceable in Maine through HUD complaint regardless of what state law says.

Source of Income, Section 8 / HCV Status in Maine

Maine: Source of Income Is Protected Statewide.

Maine is a source-of-income protected state. Landlords statewide must consider applicants paying with Section 8 vouchers, other federal/state housing subsidies, child support, social security, or any other lawful source of income.

All 12 Protected Classes in Maine

Federal classes apply uniformly. The classes shaded green below are Maine-specific additions under 5 M.R.S. § 4581-A (Maine Human Rights Act).

Race (federal)
Color (federal)
Religion (federal)
National Origin (federal)
Sex (federal)
Familial Status (federal)
Disability (federal)
Sexual Orientation
Gender Identity
Ancestry
Source of Income
Domestic Violence Victim Status

Recent Maine Statutory Activity

PL 2019, ch. 464 expanded gender identity language.

If you are a Maine landlord wondering whether you can turn down an applicant who pays with a Section 8 Housing Choice Voucher, the answer is straightforward: you cannot refuse an applicant solely because their rent is paid through a voucher or other lawful subsidy. Source of income is a protected class throughout Maine under 5 M.R.S. § 4581-A (Maine Human Rights Act), so the protection applies statewide rather than only in certain cities. You may still screen for income sufficiency, credit, and rental history — but you must count the voucher as legitimate income and apply the same standards to every applicant.

The Maine Human Rights Act, enforced by the Maine Human Rights Commission, builds on the seven classes protected by the federal Fair Housing Act and adds several of its own. Below we walk through exactly which classes Maine adds, how the law has changed recently, and the everyday screening and advertising mistakes that most often expose small Maine landlords to a complaint.

The Maine Human Rights Act and Its Enforcer

Fair housing in Maine runs on two layers. The federal Fair Housing Act bars discrimination based on race, color, national origin, religion, sex, familial status, and disability. On top of those seven, 5 M.R.S. § 4581-A (Maine Human Rights Act) extends protection further, covering housing across the state regardless of how many units a landlord owns.

The agency that investigates complaints is the Maine Human Rights Commission. A tenant or applicant who believes they were rejected, steered, or treated differently because of a protected trait can file with the Commission, which reviews the claim, may attempt conciliation, and can pursue enforcement. Because the Act reaches private landlords, even an owner renting a single unit in a Maine triplex is expected to follow it.

Classes Maine Adds Beyond the Federal Seven

Maine names five protected characteristics that go past the federal list. Under the Maine Human Rights Act, a landlord may not discriminate based on:

Two of these deserve a landlord's particular attention. Source of income is why a Section 8 voucher cannot be the reason for a rejection. Domestic violence victim status means you cannot deny housing or evict someone simply because they were the victim of domestic abuse. Note too that at the federal level, HUD has since 2021 read the Fair Housing Act's ban on sex discrimination to include sexual orientation and gender identity, so these traits are reinforced on both the state and federal side.

Recent Change: Gender Identity Language

Maine's protections are not frozen in time. PL 2019, ch. 464 expanded the gender identity language in the Maine Human Rights Act, sharpening how that class is defined and described. For landlords, the practical takeaway is simple: gender identity is squarely a protected class in Maine housing, and screening, lease, or advertising practices that treat transgender or nonbinary applicants differently are prohibited.

This kind of legislative update is exactly why a landlord should rely on the current statute rather than older forms or templates. A rental application or tenant policy written before this change may use outdated language; bringing it in line with the Act today is the safer course.

Screening and Advertising Traps for Small Landlords

Most Maine fair-housing complaints do not come from open hostility — they come from routine habits. The single biggest trap is a listing or conversation that says "no Section 8" or "no vouchers," which is unlawful because source of income is protected statewide. Even a casual phone remark counts.

Other common missteps: setting a flat income multiple of the full rent without crediting a tenant's voucher portion; advertising that a unit is "perfect for a single professional" (a familial-status and source-of-income risk); asking about an applicant's relationship or transition status; or screening out someone whose prior tenancy ended because of domestic abuse. Protect yourself by writing objective, written screening criteria — income, credit, references — and applying them identically to every applicant, with the voucher counted as income. With average rent in Maine around $1,028, consistent, documented standards are your best defense.

The Cost of a Fair-Housing Violation

Federal civil penalty (uniform in all states): Up to $25,597 for a first-offense FHA violation under 24 C.F.R. § 180.671 (HUD inflation-adjusted). Repeat offenders face up to $63,991 (within five years) or $127,982 (within seven years). HUD-conciliated settlements routinely include actual damages, attorney's fees, mandatory training, and required policy changes. Maine's state fair-housing agency may pursue parallel penalties under 5 M.R.S. § 4581-A (Maine Human Rights Act).

City-Level Eviction Risk in Maine

Fair-housing complaint rates correlate with overall tenant-protection enforcement. View landlord risk and tenant-law profile by city:

Sources & Methodology

Related Guides for Maine Landlords

This page summarizes housing discrimination protections under 5 M.R.S. § 4581-A (Maine Human Rights Act), enforced by the Maine Human Rights Commission, together with the federal Fair Housing Act (42 U.S.C. § 3604). It is provided for general informational purposes and is not legal advice; for guidance on a specific situation, consult a licensed Maine attorney or the Maine Human Rights Commission directly. Last reviewed June 2026.

Frequently Asked Questions

Can a landlord refuse Section 8 in Maine?

No. Source of income is a protected class statewide under the Maine Human Rights Act, so a landlord cannot reject an applicant simply because they intend to pay rent with a Section 8 Housing Choice Voucher or other lawful subsidy. You may still apply neutral screening standards — credit, references, and income sufficiency — but the voucher must be counted as legitimate income and the same rules applied to everyone.

How many protected classes are there in Maine?

Maine recognizes the seven classes covered by the federal Fair Housing Act — race, color, national origin, religion, sex, familial status, and disability — plus five added by the Maine Human Rights Act: sexual orientation, gender identity, ancestry, source of income, and domestic violence victim status, for twelve in total.

Are sexual orientation and gender identity protected in Maine housing?

Yes. Both sexual orientation and gender identity are explicitly protected classes under the Maine Human Rights Act (5 M.R.S. § 4581-A), and PL 2019, ch. 464 expanded the gender identity language. They are also reinforced federally, since HUD has read the Fair Housing Act's ban on sex discrimination to include sexual orientation and gender identity since 2021.

How is fair housing enforced in Maine, and what are the penalties?

Complaints are handled by the Maine Human Rights Commission, which investigates claims under the Maine Human Rights Act and may pursue conciliation or enforcement. Because the federal Fair Housing Act also applies, violations can additionally expose a landlord to federal civil penalties and damages. The most reliable protection is consistent, written, documented screening criteria applied equally to every applicant.

Federal authority: 42 U.S.C. § 3604; 24 C.F.R. Part 100. State authority: 5 M.R.S. § 4581-A (Maine Human Rights Act). Last updated July 14, 2026. For informational purposes only, not legal advice. Fair-housing determinations are highly fact-specific; consult a licensed Maine attorney before making a screening, denial, or eviction decision.