Is sexual harassment covered under the Maine Human Rights Act?
The Maine Human Rights Act bans harassment based on:
- race
- color
- national origin
- ancestry (where you or your family came from)
- religion
- sex
- sexual orientation
- gender identity and gender expression
- disability
- living with minor children, adult dependents, or are pregnant (called “familial status” in the law) or
- getting public assistance (such as TANF, general assistance, SSI or Section 8)
- getting a Permanent Protection from Abuse Order
- making a complaint to the Maine Human Rights Commission, or other things that would make discriminating against you Maine Human Rights Act Retaliation under Maine law.
Sexual harassment is sex discrimination under both Maine and Federal law. It is illegal in housing.
Am I the target of sexual harassment by my landlord or neighbor?
You are not alone. Sexual harassment by landlords or neighbors can make it hard to live in your home.
Sexual harassment includes:
- Offers to pay rent with sex or sexual acts instead of money
- Refusing to make repairs unless there is a sexual favor
- Sexual gestures
- Use of sexual words in front of you and/or your family
- Unwanted touching
- Sexual assault or rape
This list is not complete. There are many other things landlords have done of a sexual nature that are illegal harassment.
Sexual harassment might also include sexual harassment specific to your sexual orientation (including gender identity and expression).
How can I tell if my landlord has done something illegal?
To give you an idea, here are some examples:
- You owe your landlord rent. They say if you sleep with them, you do not have to pay that month’s rent.
- Your landlord touches your body where they should not.
- Your landlord asks you to take off your clothes. You say no. Your landlord then tries to evict you.
- You told your landlord that your neighbor is telling everyone you are a prostitute. Your landlord has not tried to help you, or told you it is not their problem and to call the police.
- You make a complaint to the landlord about the property manager commenting about your breasts. The landlord brushes it off and tells you not to worry, it’s fine.
- When you complain that a neighbor is making sexual remarks and ogling you, the landlord tells you to call the police. It is fine to suggest you call the police, but the landlord has to actively try to help you.
Who am I protected from?
It is illegal for your landlord, your landlord’s employees, or your neighbors to sexually harass you.
When we say “landlord,” this includes:
- public housing authorities
- property management companies
- individual property managers
- private landlords
Where am I protected?
Fair Housing laws protect people living in all different kinds of housing.
For example:
- public housing
- houses
- apartments
- condominiums
- mobile home parks
- nursing homes
- homeless shelters
A few types of homes are exempt from fair housing laws.
When am I protected?
You are protected when you are renting. This includes:
- Any housing related communication
- Asking about renting an apartment or house
- Visiting an apartment or house you would like to rent
- Signing a lease
- Paying rent
- Living in your home
- Moving out of your home
You are also protected when you are buying or selling your home. This includes:
- Talking to a real estate agent
- Visiting a house or condo you would like to buy
- Living in your home
- Moving out of your home
- Selling your home
Where can I get help?
If the harassment is by an employee of the landlord, or by another tenant, report it to your landlord. If your landlord does not take action:
Contact the nearest Pine Tree Legal office
-OR-
The Maine Human Rights Commission
51 State House Station
Augusta, Maine 04333-0051
Phone: 207-624-6290
TTY: Maine Relay 771
The work that provided the basis for this publication was supported by funding under a grant with the U.S. Department of Housing and Urban Development. The substance and findings of the work are dedicated to the public. The author and publisher are solely responsible for the accuracy of the statements and interpretations contained in this publication. Such interpretations do not necessarily reflect the views of the Federal Government."
Updated January 2024
PTLA #666