LD 1532
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LD 1532 Title Page An Act To Modify Liability To Protect Maine Citizens from Lead Hazards That Har... Page 2 of 6
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LR 1233
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 5 MRSA §4582, as amended by PL 1991, c. 99, §§13 to 17, is
further amended by adding after the 2nd paragraph a new 3rd
paragraph to read:

 
For any owner, lessee, sublessee, managing agent or other
person having the right to sell, rent, lease or manage a housing
accommodation or any agent of these to refuse to sell, rent,
lease or otherwise deny or withhold from any person or to
discriminate against any person in the terms, conditions or
privileges of the sale, rental or lease of such premises because
the premises do or may contain environmental lead hazards or
because the sale, rental or lease would trigger liability under
Title 14, section 222 or duties under Title 22, chapter 252.__
Refusing to rent to families with children in violation of law
does not constitute compliance with Title 22, chapter 252.__
Refusing to renew the lease of or evicting families with children
does not constitute compliance with Title 22, chapter 252.

 
Sec. 2. 14 MRSA §222 is enacted to read:

 
§222.__Liability for lead poisoning

 
1.__Definitions.__As used in this section, unless the context
otherwise indicates, the following terms have the following
meanings.

 
A.__"Owner" has the same meaning as set forth in Title 22,
section 1315, subsection 5-F.

 
B.__"Premises" has the same meaning as set forth in Title
22, section 1315, subsection 6-A.

 
2.__Liability.__The owner of premises is strictly liable for
all damages to a child who suffers lead poisoning caused by the
owner's failure to comply with Title 22, chapter 252 if the child
was under 6 years of age at the time of the lead poisoning.__A
child is considered lead poisoned upon proof that the child's
blood lead level equals or exceeds the blood lead level at which
the Department of Health and Human Services by rule defines lead
poisoning.

 
3.__Exceptions.__An owner is not liable under subsection 2 if:

 
A.__The premises were constructed in 1978 or later; or

 
B.__The premises were certified as lead-free or lead-safe within
the 12 months previous to the presence of the child


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