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COVID-19 Information for Maine

The purpose of this page is to provide apartment industry professionals with an overview of the issues affecting our industry with regard to the COVID-19 pandemic. The page is intended for informational purposes only and does not constitute, and should not be construed as legal advice. This resource is not intended to provide a mandatory standard of care for the industry.

State and Local Affiliates

Please remember to use your state or local apartment association as the primary resource for the most up-to-date information on your responsibilities. Find your local affiliate.

State Legal and Regulatory Information

We highly suggest you contact a local attorney before you decide to initiate an eviction action against a resident in the current environment as overlaying federal, state and county laws or restrictions on the judicial process may apply. This includes: issuing a notice to vacate, initiating any eviction-related action, or assessing fees or penalties on residents for nonpayment of rent or other lease violations. In addition to the below, you can access NAA's statutory information on late fees, eviction laws, and other policy issues.

Shelter in Place

Effective Wednesday, April 29, 2020, Governor Janet Mills has formally issued an updated Shelter-In-Place order. This new order will extend through Sunday, May 31, 2020. In addition, the order requires individuals to wear cloth face coverings in public places where physical distancing is difficult to maintain, as recommended by the U.S. CDC.

On Sunday, May 31, 2020, Governor Mills issued an order outlining the start of Phase 2 of Maine’s reopening plan. As of Monday, June 1, 2020, the number of people allowed at gatherings has been raised from 10 to 50. 

Eviction

Executive Order No.  40

  • Action: On April 16, 2020, Governor Mills issued an executive order implementing an eviction moratorium.

  • Scope: The order specifically suspends the issuance of a writ of possession. The suspension includes exceptions for cases where residents:

    • Posed an imminent risk of harm by threatening or assaulting behavior towards property management staff, another resident, neighbor, or other person;
    • Posed an imminent risk of harm to the property itself, or the property of another resident, neighbor, or other person;
    • Violated health, sanitation, fire, housing or safety laws;
    • Engaged in an illegal or prohibited trade or activity on the property; 
    • Posed a significant nuisance to property management, another resident or a neighbor; or
    • Caused substantial unrepaired damage to the premises. 
    • Section C extends notice periods for lease violations to 60-days from 30-days and notice periods for nonpayment of rent from 7-days to 30-days. 
  • Duration: The order expires 30-days after the termination of the COVID-19 state of emergency.

  • COVID-19 Related Financial Impact Requirement: No.

  • Residents Responsible for Rent: Yes.

ME Judicial Branch Order

Maine's Judicial Branch ordered that effective on March 18, 2020 through May 30, 2020, all evictions and foreclosures are suspended; previously scheduled cases will not be heard, and new cases will not be scheduled for a hearing until May 1, 2020.

Rental Assistance/Housing Provider Assistance

The MaineHousing COVID-19 Rent Relief Program is for renters who cannot afford to pay their rent due to circumstances related to the coronavirus pandemic. The program is designed to provide a one-time payment of up to $500, until the federal relief funds get to the individuals who need them.

The applicant is the renter and the benefit is paid to the landlord. If the landlord agrees to participate in the program, the landlord is postponing the balance of the payment, not forgiving it. In addition, the landlord is agreeing not to evict the renter for non-payment of rent during the month in which the rental relief payment is made. 

An applicant may qualify if the applicant is unable to pay rent due to circumstances related to the coronavirus. Examples include being laid off, having the place of employment closed, reduced hours of work, having to stay home to care for children because of the closure of a day care or school, or other loss of income due to the pandemic.

An applicant may qualify if the applicant pays market rent and the applicant’s current monthly income is less than:

  • $3,696 for an individual

  • $4,833 for a two-person household

  • $5,971 for a three-person household

  • $7,108 for a four or more-person household

If an applicant can afford to pay rent from income of any sort or from savings or other liquid assets, the applicant is not eligible for this program.

If an applicant lives in housing that receives any kind of subsidy, the applicant is not eligible. Examples of this include: 

  • Receives a Section 8 Voucher, lives in a Section 8 apartment or receives Rental Assistance from USDA’s Rural Development;

  • Lives in a housing development with a mortgage financed by MaineHousing or a federal agency; 

  • Lives in a development/property using low-income housing tax credits;

  • Lives in public housing.

Rent Freeze

No rent freeze is in effect at the state or local level. There is no statute preempting local rent regulation.