Chapter 34 - PRESERVATION AND RELOCATION RULE

  1. § 346-34-1 - Definitions
  2. § 346-34-2 - Applicability
  3. § 346-34-3 - Notice
  4. § 346-34-4 - Update of Notice
  5. § 346-34-5 - Right of First Refusal
  6. § 346-34-6 - Extension of Right of First Refusal
  7. § 346-34-7 - Current Appraised Value
  8. § 346-34-8 - Termination of Right of First Refusal
  9. § 346-34-9 - Six Month Stay or Relocation for Tenants
  10. § 346-34-10 - Rule Limitations

Summary: Under Maine law, an owner of a Low-income Rental Housing Project may not take an action that would cause rental assistance or affordability restrictions in connection with the project to terminate without first giving a 90 day Notice to the Tenants, Maine Housing, and any municipal housing authority for the municipality in which the property is located. Maine Housing has a right of first refusal to purchase the project at its Current Appraised Value. The owner and any purchaser of the Low-income Rental Housing Project must ensure that the current Tenants are allowed to either remain in their units at the same rent for 6 months following the loss of rental assistance or affordability restrictions, or receive relocation assistance.

This rule does the following:

(1) outlines the requirements for the Notices to the Tenants and to Maine Housing,
(2) sets forth a process for determining the Current Appraised Value of the Low-income Rental Housing Project, and
(3) establishes the terms of relocation assistance that must be provided if the owner opts to provide relocation assistance rather than allow Tenants to stay in their units at the same rent for 6 months following the loss of rental assistance or affordability restrictions.

Notes

EFFECTIVE DATE:
2/3/2019- filing 2019- 027

STATUTORY AUTHORITY: 30-A M.R.S.A. §4741.1, § 4973 , §4976.1 and § 4977

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