HP0802, LD 1067, item 1, An Act To Improve Awareness of Smoking Policies in Maine Rental Housing and Condominiums

An Act To Improve Awareness of Smoking Policies in Maine Rental Housing and Condominiums

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

Sec. 1. 14 MRSA §6030-E is enacted to read:

§ 6030-E. Smoking policy

1. Definitions. For the purposes of this section, unless the context otherwise indicates, the following terms have the following meanings.

A. "Smoking" means carrying or having in one's possession a lighted cigarette, cigar, pipe or other object giving off tobacco smoke.

2. Smoking policy disclosure. A landlord who or other person who on behalf of a landlord enters into a lease or tenancy at will agreement for residential premises that are used by a tenant or will be used by a potential tenant as a primary residence shall provide to the tenant or potential tenant a smoking policy disclosure that notifies tenants or potential tenants of the landlord's policy regarding smoking on the premises.

3. Notification. A landlord who or other person who on behalf of a landlord enters into a lease or tenancy at will agreement for residential premises shall provide written notice to a tenant or potential tenant regarding the allowance or prohibition of smoking on the premises. The notice must state whether smoking is prohibited on the premises, allowed on the entire premises or allowed in limited areas of the premises. If the landlord allows smoking in limited areas on the premises, the notice must identify the areas on the premises where smoking is allowed. A landlord who or other person who on behalf of a landlord enters into a lease or tenancy at will agreement for residential premises shall, on a form prescribed by the Department of Health and Human Services, Maine Center for Disease Control and Prevention, notify a tenant or potential tenant of the smoking policy. The disclosure form must include an acknowledgement that the tenant or potential tenant has received the disclosure form required by this subsection. Before a tenant or potential tenant enters into a contract or pays a deposit to rent or lease a property, the landlord or other person who acts on behalf of a landlord shall provide the disclosure form to the tenant or potential tenant, obtain the tenant's or potential tenant's signature on the disclosure form and sign the disclosure form. The Maine Center for Disease Control and Prevention shall post and maintain the disclosure form required by this subsection on a publicly accessible website in a format that is easily downloaded.

4. Penalty. A person who violates this section commits a civil violation for which a fine of not more than $250 per violation may be assessed. This paragraph is enforceable in either District Court or Superior Court.

Sec. 2. 33 MRSA §1604-119 is enacted to read:

§ 1604-119. Smoking policy

A declarant shall provide written notice to a purchaser of a unit regarding the allowance or prohibition of smoking on the premises. The notice must state whether smoking is prohibited on the premises, allowed on the entire premises or allowed in limited areas on the premises. If the declarant allows smoking in limited areas on the premises, the notice must identify the areas on the premises where smoking is allowed. A declarant entering into a sales agreement for real property shall, on a form prescribed by the Department of Health and Human Services, Maine Center for Disease Control and Prevention, notify a purchaser of the smoking policy. The disclosure form must be signed by the declarant and the purchaser. The disclosure form must include an acknowledgement that the purchaser has received the disclosure form required by this section.

Sec. 3. Rules. The Department of Health and Human Services, Maine Center for Disease Control and Prevention shall adopt rules to implement this Act. Rules adopted pursuant to this section are routine technical rules as defined in the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A.

summary

This bill establishes the duties of a landlord in disclosing the policy pertaining to smoking on the premises to all tenants or potential tenants as well as purchasers of condominiums. Disclosures must be in writing and signed by both parties.

HP0802 LD 1067	First Regular Session - 125th Maine Legislature		LR 827 Item 1
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