No, Maine's first LGBTQ+ affordable housing project isn't against the law

PORTLAND, Maine — This Pride Month, NEWS CENTER Maine featured plans to build the state's first LGBTQ+ affordable housing facility in Portland. Several viewers raised questions about the legality of the project and the story made national headlines. 

Viewer Jim asked "Isn't the LGBTQ housing being built in Maine against the law?" There were also a number of posts and stories that popped up on social media, including from the conservative publication The Maine Wire with the headline "LGBTQ-only housing planned for Portland" claiming it "potentially violates laws." We VERIFIED.

THE QUESTION

Is Maine's first LGBTQ+ housing project against the law?

THE SOURCES

• The Maine Human Rights Act
• The Maine Human Rights Commission
• MaineHousing
• Equality Community Center

THE ANSWER

No, Maine's first LGBTQ+ affordable housing project is not against the law.

WHAT WE FOUND

Maine's first LGBTQ+ affordable housing project is not against the law because it is not exclusive to members of that community. 

Under Maine's Human Rights Act, there are a number of protections when it comes to discrimination in housing, including on the basis of sexual orientation and gender identify. Subchapter four on "fair housing" specifically prohibits being denied access. Here's the exact wording:

"B. Refuse to show or refuse to sell, rent, lease, let or otherwise deny to or withhold from any person the housing accommodation because of race or color, sex, sexual orientation or gender identity, physical or mental disability, religion, ancestry, national origin or familial status or because the person sought and received an order of protection under Title 19‑A, section 4007;   [PL 2021, c. 366, §8 (AMD); PL 2021, c. 476, §3 (AMD).]"

"The intent of the Maine Human Rights Act is to ensure that everybody is treated equally under the law," Kit Thomson Crossman, executive director of the Maine Human Rights Commission said. 

Thomson says their office works for everyone, but marginalized communities often get more attention because they are the ones experiencing the most discrimination. 

"A lot of civil rights and human rights laws were implemented because certain groups of people were experiencing discrimination, retaliation, some kind of adverse action," Thomson Crossman said. 

"Sexual orientation and gender identity" specifically were added to the Maine Human Rights Act in 2007 after decades of advocacy work within the LGBTQ+ community. 

So while Maine law prohibits discriminating against people in housing no matter how they identify when it comes to sexual orientation, leaders behind the project made it clear the 54-unit building is open to all. 

The project is receiving state and federal funding. A spokesperson for MaineHousing released the following statement emphasizing that while it is marketed to LGBTQ+ people, owners cannot limit the applicant pool. 

"This affordable housing, which will serve those 55 and older in 54 units in downtown Portland, was one of four successful applicants to Maine Housing’s September 2023 Low Income Housing Tax Credit competitive requests for proposals. This proposal was scored based on its merits using the same scoring metrics as all other projects. The only thing that distinguishes this project from other older adult properties is that it is located adjacent to the Equality Community Center. While the owners may market the property as welcoming to LGBTQ+ households, they may not limit the applicant pool nor discriminate in the tenant-screening process. Any reporting that describes this development as being restricted to serve a specific population beyond age is inaccurate."

Finally, the Equality Community Center, the organization behind the effort said it has received dozens of requests from potential applicants. On its website, the organization advertises the facility on its website as open to "allies and other marginalized members of our community."

"The new housing structure will be located right next to the ECC and open to all those ages 55+, including LGBTQ+ older adults, allies and other marginalized members of our community. Our goal is to make affordable housing available in the heart of Portland with easy access to public services, health care, entertainment and recreation."

So we can VERIFY, it is false: Maine's first affordable LGBTQ+ housing project is not against the law. However, it is intended to provide a safe option for older vulnerable members of the LGBTQ+ community across the state. 

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