HP0075, LD 89, item 1, An Act To Impose Requirements on the Rental of Residential Property That Has Been Used in the Manufacture of Methamphetamine

An Act To Impose Requirements on the Rental of Residential Property That Has Been Used in the Manufacture of Methamphetamine

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

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

§ 6030-H. Properties used in the manufacture of methamphetamine

1. Decontamination, testing and disclosure required. A landlord or other person who on behalf of a landlord enters into a lease or tenancy at will agreement for residential property who has knowledge or has reason to have known that a property has been used in the manufacture of methamphetamine, as described in Title 17-A, section 1124, shall, before a tenant or lessee enters into a contract or pays a deposit to rent or lease the property, ensure the following:

A. That the property has been decontaminated and that environmental testing has been performed and determined that the property is safe for human habitation, in accordance with the standards established by the United States Environmental Protection Agency's March 2013 revised edition of the Voluntary Guidelines for Methamphetamine Laboratory Cleanup or other standards as established by the rules adopted by the Department of Economic and Community Development under subsection 4; and

B. That the prospective tenant or lessee receives a written disclosure describing the decontamination efforts and results of environmental testing undertaken on the property in accordance with this subsection and a description of the rooms or areas of the property used in the manufacture of methamphetamine.

For the purposes of this section, a landlord or other person who on behalf of a landlord enters into a lease or tenancy at will agreement for residential property has reason to have known that a property has been used in the manufacture of methamphetamine if criminal charges have been filed against any person under Title 17-A, section 1124 alleging that methamphetamine has been manufactured at the property.

2. Penalty. A person who violates this section commits a civil violation for which a fine of up to $500 per violation may be assessed. This subsection is enforceable in either District Court or Superior Court.

3. Breach of implied warranty. The failure of a landlord or other person who on behalf of a landlord enters into a lease or tenancy at will agreement for a residential building to provide for the decontamination and testing or the notice required under subsection 1 is a breach of the implied warranty of fitness for human habitation in accordance with section 6021.

4. Rulemaking. The Department of Economic and Community Development may adopt rules to implement this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.

summary

This bill requires that landlords and other persons entering into a lease or tenancy at will agreement for residential property ensure that property used in the manufacture of methamphetamine be decontaminated and tested in accordance with the standards established by the United States Environmental Protection Agency's March 2013 revised edition of the Voluntary Guidelines for Methamphetamine Laboratory Cleanup or other standards established in rule by the Department of Economic and Community Development. The bill also requires that landlords and other persons entering into a lease or tenancy at will agreement disclose to the potential tenant or lessee that a property has been used in the manufacture of methamphetamine. The bill makes violation of these provisions a civil violation, punishable by a fine of up to $500, and also states that failure to decontaminate or disclose constitutes a breach of the implied warranty of fitness for human habitation. The bill gives the Department of Economic and Community Development authority to adopt rules to implement these provisions.

HP0075 LD 89	Session - 129th Maine Legislature		LR 713 Item 1
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