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People living in public housing across the country have special protections to prevent low-income tenants from being kicked out when they fall behind rent.
The consequences of the eviction of Maine people from public housing are particularly challenging as the rural state lacks adequate affordable housing options. Maine’s public housing authorities have filed a disproportionately high distribution of eviction cases compared to all landlords in the state, according to an analysis of court data obtained by Bangor Daily News and Propobrica.
If you’re one of the 1.6 million tenants living in public housing across the country, including 6,000 in Maine, there are some safeguards available here. The following is not legal advice.
Rental options available
If you start to struggle to pay rent, there are options available before you face eviction. You can ask for help in the following ways:
Lower rent. In public housing, your rent is usually based on your income. So, if your salary drops, you can write to the housing authorities and request what is known as interim recertification to reduce rent.
Rent payments suspended. If you are currently paying minimum rent permitted by housing authorities to delay, you can request what is called a difficult exemption to suspend payments for rentals. You can qualify if:
We’re waiting to see if we can lose government assistance such as food stamps and Medicaid or get it. You lost your job. Your family dies and it will affect your household income.
You can also ask housing authorities if they want to set up other qualifications for difficult exemptions.
30 Day Notifications
The eviction process begins as soon as you receive a 30-day notification from the housing authorities. It may be called a “end” or “eviction” notification. The letter should tell you what you owe. If payments cannot be made within 30 days, housing authorities can file an eviction lawsuit against you in court. Notifications do not mean you need to move in immediately.
Public Housing Authorities are required to provide 30-day notice, a new federal requirement as of January 2025. The notice should include instructions on how to renew your income with the housing authorities and how to seek difficult exemptions. You will need to break it down month by month and provide an itemized list of the amount of back rentals you rent. The list may contain penalties for lease violations or other charges owed for maintenance, utilities, or other services. I also have to say how you can switch from flat rentals to income-based rents. (Flat rent is based on what the federal government considers as fair rent in your area, and income-based rent is based on how much you earn.) Notices must share information about the housing authorities’ complaints process.
Complaint Handling
Credit: Cat Willett from Propublica
After receiving the 30-day notification, you can try to avoid eviction by requesting an informal meeting with the Public Housing Authority, the first step in the complaint process. It is wise to make this request in writing before the eviction notice deadline. This meeting will have the opportunity to discuss your case and see which options are available to avoid eviction, such as agreeing to a repayment plan (more details below).
If that doesn’t work, you can request a formal complaint hearing to prevent your eviction from going to court. It is better to do this in writing.
Prior to the hearing, you can request:
Tenant file documentation. Housing Authority Entrance and Continued Occupation Policy provides detailed explanations of housing authorities’ rules, including how the complaint hearing should be developed.
At the hearing, you have the right to:
I have a lawyer. Present your own evidence and evidence of questions provided by the housing authorities. Call witnesses to support your case and ask questions to those who have been called by housing authorities.
The hearing will be determined by the arbitrator or panel. If you win the complaint, housing authorities cannot file an eviction lawsuit against you in court. If you lose, the case heads to the eviction court.
Repayment agreement
The federal government encourages housing authorities to enter into repayment agreements with tenants who are behind rent to prevent evictions from public housing. Such a contract that does not need to be provided by housing authorities is a legally binding agreement that outlines how long it takes to repay your debt. You can ask housing authorities if this is an option.
Despite the federal guidance that provides repayment agreements outside of court, public housing authorities may take you to court before offering them. If you refuse an agreement, you could be kicked out following a court hearing.
You need to know about in-court contracts:
Signing a repayment agreement in court can eviction your permanent record, even if you meet all the contract requirements. This important fact may not even be mentioned in the contract, so it is worth asking. Housing authorities can ask you to agree to be kicked out immediately if they fail to comply with the terms of the contract, such as making payments on time. A repayment agreement reached the court can require you to prohibit smoking, to overthrow holiday decorations, to follow all housing authorities’ rules that require you to shovel your driveway, or to face immediate eviction.
Payment cap. The federal government encourages housing authorities to develop repayment plans that do not pay more than 40% of their monthly income, but does not require it (considering normal monthly rent and additional payments).
The time frames vary. All housing authorities have their own rules as to how long the repayment agreement lasts.
Eviction Court
Credit: Cat Willett from Propublica
If you lose the complaint handling process, you are not provided with a repayment agreement, or if you are unable to maintain the termination of a repayment agreement reached outside the court, the housing authority may file an eviction case in court. Investigate the local eviction court process as eviction rules may vary by state and local authority.
In Maine, there are what to expect in court.
Like most states, Maine does not provide eviction court attorneys. But you still have the option to hire your own lawyer. Maine has several organizations that provide free or reduced legal services and lawyers to low-income people. Pinetree Legal Assistance Disabled Rights Main Elders Volunteer Lawyer Project does not need to address the Public Housing Authority’s eviction complaints, but they must appear in court. If you do not appear in the hearing, the judge will automatically control you. This means you will be kicked out. When you enter the court, there are no ju judges. Eviction courts are usually crowded and the process moves quickly. The judge will call your case and ask if you, a tenant, want to reach an agreement with a housing authorities attorney. If you do not reach an agreement, the judge will consider the evidence presented by the housing authorities and the defenses you may have just before you make a decision. Maine courts can also resolve eviction cases through mediation on the same day as the hearing. This informal process takes place in court. It gives you the opportunity to talk to the housing authorities and is directed by an independent mediator. Mediators do not have the power to determine cases. Their job is to help you and the housing authorities find a compromise.
This guide was compiled using resources from the National Housing Law Project, Pine Tree Legal Assistance, and the Department of Housing and Urban Development.
A Maine woman paid for a back rental. Her records still say she was kicked out.
We’re still reporting. Have you been kicked out in Maine? To share your story, reach Sawyer Loftus, Bangor Daily News Reporter [email protected].
This story was supported in part by grants from the Fund of Investigative Journalism.
