Maine Code § 33-124

Scope of affordable housing covenant
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An affordable housing covenant may include any of the following agreements affecting residential
real estate: [PL 1991, c. 373 (NEW).]
1. Resale price of residential real estate. To limit the resale price of residential real estate;
[PL 1991, c. 373 (NEW).]
2. Amount of equity appreciation. To limit the amount of equity appreciation that a landowner
may derive from ownership of residential real estate;
[PL 1991, c. 373 (NEW).]
3. Improvements to residential real estate. To limit the extent or dollar value of improvements
that may be made to residential real estate;
[PL 1991, c. 373 (NEW).]
4. Class of persons to whom residential real estate may be sold. To restrict the class of persons
to whom residential real estate may be sold or leased, as long as that restriction does not discriminate
based upon actual or perceived race, color, sex, sexual orientation, gender identity, physical or mental
disability, religion, ancestry or national origin or familial status and does not otherwise contravene the
Constitution of Maine or the United States Constitution, except that the prohibition under this
subsection regarding discrimination on the basis of familial status does not apply to housing for older
persons, as defined in Title 5, section 4581, subsection 2;
[PL 2021, c. 553, §21 (AMD).]
5. Options to purchase. To grant rights of first refusal or options to purchase to qualified holders;
[PL 1991, c. 373 (NEW).]
6. Maintenance and insurance of residential real estate. To maintain and insure residential real
estate;
[PL 1991, c. 373 (NEW).]

7. Right of qualified holders to enter and inspect. In accordance with section 122, subsection
5, to provide to qualified holders the right to periodic entry and inspection of residential real estate at
reasonable times and after reasonable notice;
[PL 1991, c. 373 (NEW).]
8. Construction and materials. To restrict, limit or specify types of construction and materials
that may be used in the construction of or improvements to residential real estate; and
[PL 1991, c. 373 (NEW).]
9. Acts that may enhance affordability of residential real estate. To prohibit, limit or require
other acts that may enhance the affordability of residential real estate over time to lower income or
moderate-income households.
[PL 1991, c. 373 (NEW).]

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