Perreault v. Parker, 490 A.2d 203 (1985)

Citation: Perreault v. Parker, 490 A.2d 203 (1985)
Parent Document: Perreault v. Parker, 490 A.2d 203 (1985)
Jurisdiction: Maine (state)
Effective Date: 1985-03-29
Original Source: https://www.courtlistener.com/opinion/2317231/perreault-v-parker/ ↗

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Returning to the retaliation issue, we first determine that the District Court erred by finding the statutory presumption of retaliation inapplicable based upon the defendant's lack of good faith in complaining to the Lewiston code enforcement body. The statute provides that the presumption of retaliation arises when, within six months prior to the commencement of a forcible entry and detainer action, the tenant has "[c]omplained as an individual, or a complaint has been made in his behalf, in good faith, of [a code violation] to a body charged with enforcement of that code ..., or such a body has filed a notice or complaint of such a violation." 14 M.R.S.A. § 6001(3)(B) (Supp.1984) (emphasis added). The plain language of section 6001(3)(B) makes good faith an issue only when the basis for the presumption is a complaint to the code enforcement body by the tenant or someone in his behalf. When the basis for the presumption is the filing of a notice of a code violation by an enforcement body, the good faith of the tenant is not an issue. In this case, the record shows that the plaintiff received a Notice of Municipal Code Violations issued by the Lewiston code enforcement body within six months prior to the commencement of the forcible entry and detainer action. This evidence is sufficient to establish the statutory presumption of retaliation without regard to whether the defendant acted in good faith when she complained to the code enforcement body. See 14 M.R.S.A. § 6001(3)(B) (Supp.1984).

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