APPROVED CHAPTER
JUNE 23, 2023 270
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-THREE
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S.P. 602 - L.D. 1481
An Act Regarding Clearance for Occupancy Under the Lead Poisoning
Control Act
Emergency preamble. Whereas, acts and resolves of the Legislature do not
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, this Act needs to take effect prior to the expiration of the 90-day period
because there is a shortage of housing available in the State, which makes it difficult to find
alternative housing for occupants of residential dwelling units that are undergoing lead
abatement activities that require the occupants to be displaced from their units; and
Whereas, this Act authorizes the Department of Health and Human Services to waive
a prohibition on renting an owner-occupied residential building of 3 dwelling units or less
that has been ordered to be cleared of harmful lead-based substances and is vacant; and
Whereas, in the judgment of the Legislature, these facts create an emergency within
the meaning of the Constitution of Maine and require the following legislation as
immediately necessary for the preservation of the public peace, health and safety; now,
therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 22 MRSA §1322, as amended by PL 2023, c. 82, §2, is further amended to
read:
§1322. Child occupants
A person may not knowingly rent a dwelling that has been posted and ordered cleared
of harmful lead-based substances in accordance with section 1321, except when waived by
the department in accordance with this section. In circumstances where the presence of
lead-based paint or building materials is unsuspected and becomes known when the
dwelling is already rented to a family with children, the family of the children may not be
evicted for that reason and the owner and occupant of the dwelling must be given written
notice by the department advising of the existence of lead-based substances in the dwelling
and ordering that within 30 days the lead-based substances be removed, replaced or
securely and permanently covered.
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 Until the owner brings any residential dwelling or premises into compliance with this
Act while a tenant is occupying a dwelling unit, the owner shall move the tenant to a
substitute dwelling unit upon reasonable notice. The department may, on a case-by-case
basis, waive this requirement if the department determines that the implementation of
actions to reduce lead exposure or interim controls sufficiently protects the residents of the
unit until full abatement is achieved. Pursuant to section 1321, subsection 3-A, the
department may order the owner to implement lead exposure reduction actions or interim
controls as determined by the department with reasonable notice. The owner shall pay
reasonable moving expenses and any use and occupancy charges for a substitute dwelling
unit that exceed the rent for the vacated dwelling unit for which the tenant remains
responsible. "Substitute dwelling unit" means a dwelling unit of like or similar
accommodation and in like or similar location that is lead-safe. If the tenant fails to accept
the substitute dwelling unit selected by the owner while the owner is required to bring the
vacated dwelling unit into compliance with this Act or the tenant fails to remain current in
rent pursuant to the lease or tenancy at will under Title 14, section 6002, including the
statutory period of right to cure, the owner is not obligated beyond 10 days after completion
of remediation to reimburse the tenant for any expense or inconvenience other than moving
expenses and any use and occupancy charges for the substitute dwelling unit selected by
the owner that exceed the rent for the vacated dwelling unit.
The department may, on a case-by-case basis, waive the prohibition on renting and
permit the owner of an owner-occupied residential dwelling of 3 dwelling units or fewer
for which lead-based substances have been ordered to be removed, replaced or securely
and permanently covered in accordance with section 1321 to rent a vacant unit or units in
that residential dwelling before full abatement of the dwelling is achieved if the department
determines that residents may be sufficiently protected from lead-based substances in the
dwelling.
Emergency clause. In view of the emergency cited in the preamble, this legislation
takes effect when approved.
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Statutes affected:
Bill Text ACTPUB , Chapter 270: 22.1322