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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Union River Associates v. Budman, 2004 ME 48 (2004)

Citation
Union River Associates v. Budman, 2004 ME 48 (2004)
Parent Document
Union River Associates v. Budman, 2004 ME 48 (2004)
Jurisdiction
Maine (state)
Effective Date
2004-04-08

Other Sections in This Document (49)

Full Text

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[¶ 12] Union River contends that “conditions affecting that individual’s dwelling unit,” as employed in section 6001(3)(B), should be restricted to conditions associated with the physical state of the dwelling unit. The statute does not contain such a limitation, however, and experience teaches that nonphysical conditions can have as great an influence on the quality of life in one’s dwelling as do physical conditions. Accordingly, nonphysical conditions — for example, repeated acts of vandalism committed against a tenant — should be analyzed as possible “conditions affecting that individual’s dwelling unit” when it is claimed that the acts are a violation of the federal Fair Housing Act or the Maine Human Rights Act, both of which prohibit an owner from discriminating against a person because of religion. 42 U.S.C. § 3604(b) (2000) (making it unlawful “[t]o discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of race, color, religion, sex, familial status, or national origin”); 5 M.R.S.A. § 4582 (2002). 3