Fair Housing Act Complaint - Maine

FAIR HOUSING ACT COMPLAINT — MAINE

TABLE OF CONTENTS

1. Caption
2. Parties
3. Jurisdiction and Venue
4. Factual Allegations
5. Count I — Maine Human Rights Act (5 M.R.S. § 4581-A)
6. Count II — Federal Fair Housing Act (42 U.S.C. § 3604, § 3617)
7. Count III — Reasonable Accommodation / Modification (Disability)
8. Damages
9. Prayer for Relief
10. Demand for Jury Trial
11. Verification
12. Signature and Service
13. Certificate of Service
14. Maine Practice Notes
15. Sources and References

1. CAPTION

STATE OF MAINE

[________________________________], ss.

SUPERIOR COURT

CIVIL ACTION

DOCKET NO. [________________________________]

COMPLAINT AND DEMAND FOR JURY TRIAL

1. Unlawful Housing Discrimination in Violation of the Maine Human Rights Act (5 M.R.S. § 4581-A);
2. Violation of the Federal Fair Housing Act (42 U.S.C. § 3604, § 3617); and
3. Failure to Make Reasonable Accommodation / Permit Reasonable Modification (5 M.R.S. § 4582-A; 42 U.S.C. § 3604(f)).

Plaintiff, by and through undersigned counsel, alleges as follows:

2. PARTIES

2.1. Plaintiff. Plaintiff [PLAINTIFF NAME] ("Plaintiff") is, and at all relevant times has been, a resident of [CITY / TOWN, COUNTY], Maine, and is a member of one or more classes protected by the Maine Human Rights Act and the federal Fair Housing Act, specifically [PROTECTED CLASS(ES)].

2.2. Defendant Owner / Landlord. Defendant [DEFENDANT NAME] ("Defendant" or "[SHORT NAME]") is, and at all relevant times was, an [owner / lessee / managing agent / real estate broker / person having the right to sell, rent, or manage] the dwelling at [PROPERTY ADDRESS], subject to 5 M.R.S. § 4581-A and 42 U.S.C. § 3604.

2.3. Individual Defendant. Defendant [INDIVIDUAL DEFENDANT NAME] is sued individually and as a [manager / leasing agent / agent / employee] of Defendant [SHORT NAME], acting within the course and scope of that agency.

2.4. The Subject Dwelling. The dwelling is [ADDRESS], a "housing accommodation" within the meaning of 5 M.R.S. § 4553 and a "dwelling" under 42 U.S.C. § 3602(b), and is not within the owner-occupied exceptions of 5 M.R.S. § 4581(4) or 42 U.S.C. § 3603(b).

3. JURISDICTION AND VENUE

3.1. This Court has subject-matter jurisdiction under 4 M.R.S. § 105 and a private right of action under 5 M.R.S. § 4621 and § 4613.

3.2. This Court has concurrent jurisdiction over the parallel federal Fair Housing Act claims under 42 U.S.C. § 3613(a), which authorizes suit in any "appropriate" state or federal court.

3.3. Venue is proper in [________________________________] County because the unlawful housing practices occurred there and the subject dwelling is located there. 14 M.R.S. § 501.

3.4. Administrative exhaustion / right-to-sue.

☐ Plaintiff timely filed a complaint with the Maine Human Rights Commission ("MHRC") on [__/__/____] (Charge No. [____]), within two (2) years of the discriminatory act, and the MHRC [issued a right-to-sue letter on [__/__/____] / dismissed the complaint / failed to conciliate within 90 days of finding reasonable grounds], satisfying 5 M.R.S. § 4622.

☐ Plaintiff brings the federal Fair Housing Act count (Count II) without administrative exhaustion as permitted by 42 U.S.C. § 3613(a); the MHRA attorney-fee/damages prerequisite of 5 M.R.S. § 4622(1) does not limit this action because the allegations are covered by the federal Fair Housing Act.

3.5. As to the federal Fair Housing Act count, this action is filed within two (2) years of the occurrence or termination of the discriminatory housing practice as required by 42 U.S.C. § 3613(a)(1)(A).

4. FACTUAL ALLEGATIONS

4.1. On or about [__/__/____], Plaintiff [applied to rent / sought to purchase / resided in / sought to renew a lease for] the dwelling at [PROPERTY ADDRESS].

4.2. Plaintiff is a member of the following protected class(es): [e.g., race or color, sex, sexual orientation, gender identity, physical or mental disability, religion, ancestry, national origin, familial status, receipt of public assistance, having sought/received a protection-from-abuse order].

4.3. At all relevant times, Plaintiff was qualified and able to meet the lawful, non-discriminatory terms of the transaction (including the financial terms).

4.4. Discriminatory practice(s). Defendant engaged in one or more of the following unlawful housing practices because of Plaintiff's protected class:

☐ Refused to show, sell, rent, lease, or let, or otherwise denied or withheld the dwelling (5 M.R.S. § 4581-A(1)(B));

☐ Made discriminatory inquiries about a protected characteristic (5 M.R.S. § 4581-A(1)(A));

☐ Imposed discriminatory price, terms, conditions, or privileges, or discriminatory services or facilities (5 M.R.S. § 4581-A(1)(D));

☐ Made, printed, or published a discriminatory notice, statement, or advertisement (5 M.R.S. § 4581-A(1)(C));

☐ Evicted or attempted to evict Plaintiff because of a protected class (5 M.R.S. § 4581-A(1)(E));

☐ Refused to show, or misrepresented the availability of, a listed dwelling (5 M.R.S. § 4581-A(2)) [brokers/salespersons];

☐ Steered Plaintiff toward or away from particular dwellings or neighborhoods;

☐ Refused a reasonable accommodation in rules, policies, practices, or services, or refused to permit a reasonable modification (5 M.R.S. § 4582-A; 42 U.S.C. § 3604(f)(3));

☐ Subjected Plaintiff to harassment or a hostile housing environment because of a protected class;

☐ Coerced, intimidated, threatened, retaliated against, or interfered with Plaintiff's exercise of fair housing rights (5 M.R.S. § 4633; 42 U.S.C. § 3617);

☐ Refused to rent or otherwise discriminated because Plaintiff receives public assistance (e.g., a housing voucher / TANF / SSI / MaineCare) — a Maine-protected basis;

☐ Other state-protected basis: [DESCRIBE].

4.5. Specific facts. [Set out a chronological, particularized account: who said or did what, on what date(s), in what words, before what witnesses, and how similarly situated persons outside Plaintiff's protected class were treated more favorably.]

4.6. [If applicable — comparator/tester evidence: Similarly situated persons outside Plaintiff's protected class were treated more favorably under materially identical circumstances.]

4.7. Any non-discriminatory reason offered by Defendant is pretextual; the true motivating reason was Plaintiff's protected class.

4.8. As a direct and proximate result, Plaintiff suffered the harms described in Section 8.

5. COUNT I — MAINE HUMAN RIGHTS ACT (5 M.R.S. § 4581-A)

5.1. Plaintiff incorporates Paragraphs 2.1 through 4.8 as though fully set forth.

5.2. The Maine Human Rights Act declares the opportunity to secure housing without discrimination to be a civil right (5 M.R.S. § 4581) and makes it unlawful housing discrimination to refuse, deny, or discriminate in the sale, rental, or terms of a housing accommodation because of race or color, sex, sexual orientation or gender identity, physical or mental disability, religion, ancestry, national origin, familial status, receipt of public assistance, or protection-order status (5 M.R.S. § 4581-A).

5.3. Defendant committed one or more of the unlawful housing practices identified in Paragraph 4.4 because of Plaintiff's protected class, in violation of 5 M.R.S. § 4581-A.

5.4. Defendant's conduct was intentional, willful, and/or in reckless disregard of Plaintiff's rights under the Maine Human Rights Act.

5.5. Plaintiff is entitled to the remedies of 5 M.R.S. § 4613, including injunctive and affirmative relief, an order to rent or sell the dwelling (or a substantially identical one), compensatory and punitive damages, civil penal damages, and attorney fees and costs under 5 M.R.S. § 4614.

6. COUNT II — FEDERAL FAIR HOUSING ACT (42 U.S.C. § 3604, § 3617)

6.1. Plaintiff incorporates Paragraphs 2.1 through 4.8 as though fully set forth.

6.2. The federal Fair Housing Act, 42 U.S.C. § 3604, prohibits discrimination in the sale or rental of, or otherwise making unavailable or denying, a dwelling because of race, color, religion, sex, familial status, national origin, or disability, and prohibits discriminatory terms, conditions, privileges, statements, and representations.

6.3. Defendant's conduct described in Paragraph 4.4 violated 42 U.S.C. § 3604 (and § 3604(f) as to disability).

6.4. To the extent Defendant coerced, intimidated, threatened, retaliated against, or interfered with Plaintiff (or anyone aiding Plaintiff) in the exercise of fair housing rights, Defendant violated 42 U.S.C. § 3617.

6.5. Discriminatory intent may be shown directly or through disparate treatment; a discriminatory effect (disparate impact) is also actionable. See Texas Dep't of Housing & Community Affairs v. Inclusive Communities Project, Inc., 576 U.S. 519 (2015).

6.6. Plaintiff is entitled to actual and punitive damages, injunctive relief, costs, and reasonable attorney fees under 42 U.S.C. § 3613(c).

7. COUNT III — REASONABLE ACCOMMODATION / MODIFICATION (DISABILITY)

7.1. Plaintiff incorporates Paragraphs 2.1 through 4.8 as though fully set forth.

7.2. Plaintiff is a person with a physical or mental disability within the meaning of 5 M.R.S. § 4553-A and 42 U.S.C. § 3602(h), specifically [DESCRIBE IMPAIRMENT AND MAJOR LIFE ACTIVITY AFFECTED].

7.3. On or about [__/__/____], Plaintiff requested the following:

☐ Reasonable accommodation (a change in rules, policies, practices, or services): [DESCRIBE — e.g., assistance animal as exception to a no-pets policy; designated accessible parking];

☐ Reasonable modification (a physical alteration to the premises): [DESCRIBE — e.g., grab bars, ramp, widened doorway].

7.4. The requested accommodation/modification was necessary to afford Plaintiff an equal opportunity to use and enjoy the dwelling and was reasonable.

7.5. Defendant [denied the request / failed to respond / imposed unreasonable conditions / failed to engage in the interactive process], in violation of 5 M.R.S. § 4582-A and 42 U.S.C. § 3604(f)(3)(A)–(B).

7.6. As a direct and proximate result, Plaintiff suffered the harms described in Section 8.

8. DAMAGES

8.1. Actual / compensatory damages: out-of-pocket losses, increased housing costs, moving and storage costs, lost housing opportunity, and other consequential pecuniary losses, in amounts to be proven at trial.

8.2. Emotional distress damages: humiliation, embarrassment, anxiety, loss of dignity, and mental anguish.

8.3. Civil penal damages: under 5 M.R.S. § 4613(2)(B)(7), not to exceed $20,000 for a first order, $50,000 for a second order under the same subchapter, and $100,000 for a third or subsequent order.

8.4. Punitive damages: Defendant's conduct was intentional, malicious, or in reckless disregard of Plaintiff's rights, warranting punitive damages under the MHRA and 42 U.S.C. § 3613(c)(1).

8.5. Injunctive and affirmative relief: under 5 M.R.S. § 4613(2)(B), including a cease-and-desist order, an order to rent or sell the dwelling (or a substantially identical one), and an order requiring non-discriminatory policies and fair housing training.

8.6. Treble damages in cases of unlawful price discrimination under 5 M.R.S. § 4613(2)(B)(6).

8.7. Civil penalties (federal): Plaintiff reserves the right to pursue civil penalties available in government-enforcement proceedings under 42 U.S.C. § 3612(g)(3) / § 3614(d)(1)(C).

8.8. Attorney fees and costs: under 5 M.R.S. § 4614 and 42 U.S.C. § 3613(c)(2).

8.9. Pre- and post-judgment interest as allowed by law.

9. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court:

• A. Enter judgment that Defendant violated the Maine Human Rights Act (5 M.R.S. § 4581-A) and the federal Fair Housing Act (42 U.S.C. § 3604, § 3617);
• B. Award actual and compensatory damages, including emotional distress damages, according to proof;
• C. Award civil penal damages under 5 M.R.S. § 4613(2)(B)(7) and punitive damages under 42 U.S.C. § 3613(c);
• D. Grant injunctive and affirmative relief under 5 M.R.S. § 4613(2)(B), including an order to make the dwelling available, non-discriminatory policies, and fair housing training;
• E. Award reasonable attorney fees and costs under 5 M.R.S. § 4614 and 42 U.S.C. § 3613(c)(2);
• F. Award pre- and post-judgment interest; and
• G. Grant such other and further relief as is just and proper.

10. DEMAND FOR JURY TRIAL

Plaintiff demands a trial by jury on all issues so triable as a matter of right. M.R. Civ. P. 38; 42 U.S.C. § 3613(c).

11. VERIFICATION

I, [PLAINTIFF NAME], declare under penalty of perjury under the laws of the State of Maine that I am the Plaintiff in this action, that I have read the foregoing Complaint, and that the factual statements therein are true and correct to the best of my knowledge, information, and belief.

Executed on [__/__/____] at [CITY / TOWN], Maine.

[________________________________]

[PLAINTIFF NAME]

12. SIGNATURE AND SERVICE

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME], Maine Bar No. [______]

Counsel for Plaintiff

[STREET ADDRESS]

[CITY, STATE ZIP]

Telephone: [__________]

Email: [__________]

13. CERTIFICATE OF SERVICE

I certify that on [__/__/____] a true copy of the foregoing was served on the following by [method — personal service / certified mail per M.R. Civ. P. 4 / electronic service]:

[NAME AND ADDRESS OF EACH PARTY OR COUNSEL SERVED]

[________________________________]

[ATTORNEY NAME]

14. MAINE PRACTICE NOTES

• Enforcing agency. The Maine Human Rights Commission (MHRC) investigates housing discrimination complaints under the Maine Human Rights Act (with a HUD work-share). Complaints may also be filed with HUD.
• Protected classes (state). Maine's housing protections are among the broadest in the nation. Under 5 M.R.S. § 4581 / § 4581-A and related provisions, protected bases include race or color; sex; sexual orientation or gender identity; physical or mental disability; religion; ancestry; national origin; familial status; receipt of public assistance (e.g., housing vouchers, TANF, SSI, General Assistance, MaineCare); and having sought or received a protection-from-abuse order. "Sexual orientation" is statutorily defined to include gender identity or expression and reaches perceived status. Plead the precise state class(es) at issue.
• Administrative charge vs. court suit (state). A complainant may file with the MHRC within two (2) years of the discriminatory act (5 M.R.S. § 4611). Under 5 M.R.S. § 4622(1), a plaintiff generally cannot recover MHRA attorney fees, civil penal damages, or compensatory/punitive damages in court unless the plaintiff first filed an MHRC complaint and the MHRC dismissed the case, failed to conciliate within 90 days of a reasonable-grounds finding, or issued a right-to-sue letter (which must be received before suit). Exception: the § 4622(1) prerequisite does not apply where the same civil action also alleges allegations covered by the federal Fair Housing Act — a key reason to plead the parallel federal count.
• State remedies. 5 M.R.S. § 4613 authorizes broad relief: cease-and-desist orders, an order to rent or sell the dwelling (or a substantially identical one), treble damages for price discrimination, compensatory and punitive damages, and civil penal damages capped at $20,000 / $50,000 / $100,000 for first / second / third orders under the same subchapter. Attorney fees and costs are available under 5 M.R.S. § 4614.
• Federal route and limitations. Under the federal FHA, a HUD administrative complaint may be filed within one (1) year (42 U.S.C. § 3610(a)) and/or a private civil action within two (2) years (42 U.S.C. § 3613(a)). Federal remedies include actual and punitive damages and attorney fees (§ 3613(c)); HUD/DOJ enforcement can yield civil penalties (§ 3612(g)(3); § 3614(d)(1)(C)).
• Removal exposure. Including federal FHA counts creates federal-question jurisdiction permitting removal under 28 U.S.C. § 1441. Weigh removal risk against the § 4622 fee-prerequisite exemption that the federal count provides.
• Unsettled / verify. Confirm the current text and subsection lettering of 5 M.R.S. § 4581-A and § 4582-A (amended by PL 2025, c. 269) and the disability definition in § 4553-A. Maine periodically amends the MHRA — verify the protection-order and public-assistance provisions and the exact civil-penal-damages caps against the current statute.

15. SOURCES AND REFERENCES

• 5 M.R.S. § 4581 (right to freedom from discrimination in housing) — https://www.mainelegislature.org/legis/statutes/5/title5sec4581.html
• 5 M.R.S. § 4581-A (unlawful housing discrimination) — https://www.mainelegislature.org/legis/statutes/5/title5sec4581-A.html
• 5 M.R.S. § 4613 (procedure in Superior Court; remedies; civil penal damages) — https://www.mainelegislature.org/legis/statutes/5/title5sec4613.html
• 5 M.R.S. § 4622 (limitations on attorney fees and damages) — https://www.mainelegislature.org/legis/statutes/5/title5sec4622.html
• Maine Human Rights Commission — https://www.maine.gov/mhrc/
• 42 U.S.C. § 3604; § 3613; § 3617 — https://www.law.cornell.edu/uscode/text/42/chapter-45
• 24 C.F.R. Part 100 (HUD Fair Housing regulations) — https://www.ecfr.gov/current/title-24/subtitle-B/chapter-I/subchapter-A/part-100
• Texas Dep't of Housing & Community Affairs v. Inclusive Communities Project, Inc., 576 U.S. 519 (2015)
• HUD/DOJ Joint Statement on Reasonable Accommodations (2004); Reasonable Modifications (2008)

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in Maine must review and customize this document before filing. Laws, citations, and court rules change frequently; verify all authorities before use.