94-348 Me. Code R. ch. 8 § 8.07
HOUSING FOR OLDER PERSONS
Operative Text
A. Exemption (1) The provisions regarding familial status in this part do not apply to housing which satisfies the requirements of §8.07 (B) (C) or (D). (2) Nothing in this part limits the applicability of any reasonable, local, State, or Federal restrictions regarding the maximum number of occupants permitted to occupy a dwelling. B. State and Federal elderly housing programs The provisions regarding familial status in this part shall not apply to housing provided under any Federal or State program that the United States Secretary of Housing and Urban Development determines is specifically designed and operated to assist elderly persons, as defined in the State or Federal program. C. 62 or over housing The provision regarding familial status in this part shall not apply to housing intended for, and solely occupied by, persons 62 years of age or older. Housing satisfies the requirements of this section even though: (1) There are persons in such housing on June 6, 1989 who are under 62 years of age, provided that all new occupants are persons 62 years of age or older; (2) There are unoccupied units, provided that such units are reserved for occupancy by 62 years of age or over; (3) There are units occupied by employees of the housing (and family members residing in the same unit) who are under 62 years of age provided they perform substantial duties directly related to the management or maintenance of the housing. D. 55 or over housing (1) The provisions regarding familial status shall not apply to housing intended and operated for occupancy by at least one person 55 years of age or older, per unit, pursuant to this section. (2) In order to qualify as housing for older persons under this section, the housing facility must show: (a) That at least 80% of the dwellings are occupied by at least one person 55 years of age or older per unit, and (b) That the housing facility publishes, and adheres to, policies and procedures that demonstrate an intent by the owner or manager to provide housing for persons 55 years of age or older. (3) Housing satisfies the requirements of this section even though: (a) On September 13, 1988, under 80 percent of the occupied units in the housing facility are occupied by at least one person 55 years of age or older per unit, provided that at least 80 percent of the units that are occupied after September 13, 1988, are occupied by at least one person 55 years of age or older. (b) There are unoccupied units, provided that at least 80 percent of the occupied units are occupied by at least one person 55 years of age or older. (c) There are units occupied by employees of the housing provider (and family members residing in the same unit) who are under 55 years of age, provided the employees perform substantial duties directly related to the management or maintenance of the housing.
Maine regulation 94-348 Code of Maine Rules ch. 8 § 8.07 establishes that the fair housing rules protecting families with children do not apply to certain age-restricted housing communities. Three categories of housing qualify for this exemption: federally or state-designated elderly housing programs, communities exclusively for residents aged 62 or older, and communities where at least 80% of units are occupied by at least one person aged 55 or older and the community maintains documented age-restriction policies. The rule also preserves the authority of local, state, and federal occupancy limits regardless of these exemptions.
Plain English — not legal advice.
Operators of age-restricted communities in Maine should be familiar with the qualifying criteria set out in 94-348 Code of Maine Rules ch. 8 § 8.07 to determine whether their property legitimately falls under one of the three exemption categories. For 55-or-over communities, compliant operators typically document that at least 80% of occupied units house at least one resident aged 55 or older, and they maintain written policies and procedures that clearly demonstrate an intent to provide housing for that age group. Operators of 62-or-over communities generally ensure that all new occupants meet the age threshold, even if some residents who were present before June 6, 1989 were younger at that time.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants who have children or are part of a family with minors should be aware that 94-348 Code of Maine Rules ch. 8 § 8.07 permits certain housing communities to lawfully restrict occupancy based on age, meaning familial-status protections may not apply in those settings. If a tenant believes a community is improperly claiming an age-restriction exemption—for example, by failing to meet the 80% occupancy threshold or lacking documented age-restriction policies—they may have grounds to raise that issue as a potential fair housing concern. General enforcement paths can include filing a complaint with the Maine Human Rights Commission or consulting a tenant-rights organization for guidance on available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 22, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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