Amend the bill by striking out everything after the enacting clause and before the summary and inserting the following:
‘Sec. 1. 14 MRSA §6001, sub-§3, as amended by PL 2009, c. 566, §2, is further amended to read:
Sec. 2. 14 MRSA §6001, sub-§5, as enacted by PL 2009, c. 566, §3, is repealed and the following enacted in its place:
Sec. 3. 14 MRSA §6008, sub-§6 is enacted to read:
Sec. 4. 14 MRSA §6013, first ¶, as repealed and replaced by PL 2009, c. 566, §7, is amended to read:
Any personal property that remains in a rental unit after the issuance of a writ of possession entry of judgment in favor of the landlord or that is abandoned or unclaimed by a tenant following the tenant's vacating the rental unit must be disposed of as follows.
Sec. 5. 14 MRSA §6013, sub-§2, as enacted by PL 2009, c. 566, §7, is repealed and the following enacted in its place:
Sec. 6. 14 MRSA §6013, sub-§§3 to 5, as enacted by PL 2009, c. 566, §7, are amended to read:
Sec. 7. 14 MRSA §6013, sub-§6 is enacted to read:
Sec. 8. 14 MRSA §6021-A, sub-§2, ¶F, as enacted by PL 2009, c. 566, §8, is amended to read:
F. A landlord shall offer to make reasonable assistance , including financial assistance, available to a tenant who is not able to comply with requested bedbug inspection or control measures under subsection 3, paragraph C. The landlord shall disclose to the tenant what the cost may be for the tenant's compliance with the requested bedbug inspection or control measure. After first disclosing what the cost of the tenant's compliance with requested bedbug inspection or control measures may be, a making this disclosure, the landlord may provide financial assistance to the tenant to prepare the unit for bedbug treatment. A landlord may charge the tenant a reasonable amount for any such assistance, subject to a reasonable repayment schedule, not to exceed 6 months, unless an extension is otherwise agreed to by the landlord and the tenant. This paragraph may not be construed to require the landlord to provide the tenant with alternate lodging or to pay to replace the tenant's personal property.
Sec. 9. 14 MRSA §6021-A, sub-§4, ¶D, as enacted by PL 2009, c. 566, §8, is amended to read:
D. In any action of forcible entry and detainer under section 6001, there is a rebuttable presumption that the action was commenced in retaliation against the tenant if, within 6 months before the commencement of the action, the tenant has asserted the tenant's rights pursuant to this section. The rebuttable presumption of retaliation does not apply unless the tenant asserted that tenant's rights pursuant to this section prior to being served with the eviction notice. There is no presumption of retaliation if the action for forcible entry and detainer is brought for failure to pay rent or for causing substantial damage to the premises.
Sec. 10. 14 MRSA §6030-C, as amended by PL 2009, c. 652, Pt. B, §2 and affected by §3, is further amended to read:
SUMMARY
This amendment replaces the bill and does the following:
1. It provides that there must be a reasonable basis for the fair housing complaint for it to be a defense to an eviction and provides that the presumption of retaliation does not apply if the fair housing complaint was filed after the tenant was served with an eviction notice;
2. It defines the term "reasonable accommodation" and provides that there must be a causal link between the reasonable accommodation and the conduct that is the subject of the eviction action;
3. It provides that if an action for forcible entry and detainer is brought for failure to pay rent or for causing substantial damages to the premises, there is no presumption of retaliation unless the tenant has asserted that tenant's rights under the Maine Revised Statutes, Title 14, section 6026, which allows the tenant to offset rent with expenditures made by the tenant for repairs or heating costs if included in the rent;
4. It provides that the tenant must attach an affidavit to a Notice of Appeal stating that the tenant has complied with the law in order to stay the issuance of a writ of possession pending an appeal;
5. It provides that a lease or tenancy at will agreement may permit a landlord to dispose of property abandoned by the tenant without liability as long as the landlord complies with the applicable notice requirements;
6. It reduces the time a tenant has to respond to a notice to dispose of the tenant's property that is being stored by the landlord from 14 days to 7 days;
7. It reduces the time a landlord must continue to store the tenant's property if that tenant responds to the notice to dispose within the required time frame from 24 days to 14 days;
8. It provides that a tenant may waive the rights provided in law addressing unclaimed property. If the tenant's waiver is oral the landlord must confirm this waiver in writing;
9. It provides that the notice of disposal may be sent after entry of judgment for the landlord but prior to the service of the writ of possession or the tenant's vacating the premises. However, if the tenant is still in possession of the rental unit, the tenant would still have at least 7 days after the notice is sent or 48 hours after the writ of possession is served, whichever is later, to claim the property;
10. It repeals the law that requires a landlord to provide financial assistance to tenants to control bed bugs;
11. It requires landlords to disclose the cost of the tenant's compliance with the requested inspection or bed bug control measures and allows a landlord to provide financial assistance in preparing the unit for bed bug treatment and provides that the landlord is not liable to provide the tenant with alternate lodging or to replace the tenant's personal property;
12. It provides that the presumption of retaliation only applies if the tenant complained about the bed bugs prior to being served with the eviction notice and the presumption of retaliation does not apply if the action for forcible entry and detainer was brought for failure to pay rent or causing substantial damages to the premises;
13. It provides that a prospective tenant who would be paying for a utility has the right to obtain from the regulated utility or the vendor the amount of consumption for the prior 12 months;
14. It requires the landlord to provide an energy efficiency disclosure statement to the tenant or lessee who is paying for an energy supply for the unit or upon the request of a tenant or lessee;
15. It allows a landlord to either place a disclosure of the tenant's right to obtain the energy use history of the rental unit in the application or give the tenant the energy efficiency disclosure statement; and
16. It removes the requirement that the landlord post the disclosure statement in a prominent location in the property that is being offered for rent or lease and reduces the time a landlord must retain the statement signed by the tenant from a minimum of 7 years to 3 years.