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People living in public housing across the nation have special protections meant to prevent low-income tenants from being evicted when they fall behind on rent.
The consequence of an eviction from public housing for people in Maine is especially challenging because there are not enough affordable housing options in the rural state, and those evicted are more likely to face homelessness. Maine public housing authorities file a disproportionately high share of eviction cases compared with all landlords in the state, according to an analysis of court data obtained by the Bangor Daily News and ProPublica.
If you’re one of 1.6 million tenants living in public housing nationally, including 6,000 in Maine, here are some available safeguards. The following is not legal advice.
Rent Relief Options
If you start having trouble paying your rent, there are options available to you before you face eviction. You can ask for help in the following ways:
Lowering your rent. In public housing, your rent is typically based on your income. So if your paycheck decreases, you can write to the housing authority to request what’s known as an interim recertification to lower your rent.
Pausing rental payments. If you currently pay the minimum rent allowed at your housing authority and fall behind, you can request what’s called a hardship exemption to pause your rental payments. You may qualify if:
- You lost government assistance such as food stamps or Medicaid, or are waiting to see if you can get it.
- You lost your job.
- A family member died and it affects your household income.
You can also ask if your housing authority sets other qualifications for a hardship exemption.
30-Day Notice
The eviction process starts as soon as you get a 30-day notice letter from your housing authority. It might be called a “termination” or “eviction” notice. The letter should tell you what you owe. If you fail to begin payments within 30 days, the housing authority can bring an eviction case against you in court. The notice does not mean you have to move out immediately.
- Public housing authorities have to give you a 30-day notice, which is a new federal requirement as of January 2025.
- The notice must include instructions on how you can update your income with the housing authority and/or ask for a hardship exemption.
- It must provide an itemized list of how much back rent you owe, broken down by month. The list may also include any penalties for lease violations or other fees you owe for maintenance, utilities or other services.
- It also has to say how you can switch from flat rent to income-based rent. (Flat rent is based on what the federal government considers a fair rent for your area, and income-based rent is based on how much you earn.)
- The notice must share information about the housing authority’s grievance process, which allows you to formally dispute the eviction before it reaches court.
The Grievance Procedure
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Cat Willett for ProPublica
After receiving the 30-day notice, you can try to avoid eviction by requesting an informal meeting with your public housing authority, which is the first step in the grievance process. It’s wise to make this request in writing by the deadline in your eviction notice. In this meeting, you will have the chance to talk over your case and see what options might be available to avoid eviction, such as agreeing to a repayment plan (more on those below).
If that doesn’t work, you can request a formal grievance hearing to try to prevent your eviction from going to court. It’s better to do this in writing, too.
Ahead of the hearing, you can request:
- Documents in your tenant file.
- The housing authority’s Admissions and Continued Occupancy Policy, which explains in detail the housing authority’s rules, including how the grievance hearing should unfold.
At the hearing you have the right to:
- Have a lawyer present.
- Present your own evidence and question evidence offered by the housing authority.
- Call witnesses to support your case and question any witnesses called by the housing authority.
The hearing is decided by an arbiter or panel. If you win the grievance, the housing authority cannot file the eviction case against you in court. If you lose, the case heads to eviction court.
Repayment Agreement
The federal government encourages housing authorities to enter into repayment agreements with tenants who are behind on rent in order to prevent evictions from public housing. Such an agreement, which housing authorities are not required to offer, is a legally binding contract that outlines how long you have to repay your debt. You can ask your housing authority if this is an option.
Despite federal guidance to offer repayment agreements outside of court, public housing authorities sometimes will take you to court before offering one. If you decline the agreement, you could be evicted following the court hearing.
What to know about in-court agreements:
- Signing a repayment agreement in court can put an eviction on your permanent record, even if you meet all the agreement’s requirements. This important fact might not even be mentioned in the agreement, so it’s worth asking.
- Housing authorities can ask you to agree to be evicted immediately if you fail to abide by the terms of the agreement, such as making payments on time.
- A repayment agreement reached in court can require you to follow all housing authority rules — such as those prohibiting smoking, requiring you to take down holiday decorations or shovel your driveway — or face an immediate eviction.
Pay cap. The federal government encourages — but does not require — housing authorities to create repayment plans that do not make you pay more than 40% of your monthly income (taking into account your regular monthly rent and additional payment to cover back rent).
Timeframes differ. Every housing authority has its own rules about how long a repayment agreement can last.
Eviction Court
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Cat Willett for ProPublica
If you lose the grievance process, are not offered a repayment agreement or fail to uphold your end of a repayment agreement reached outside of court, the housing authority will likely file an eviction case in court. Research your local eviction court process because eviction rules can differ by state or municipality.
In Maine, here’s what to expect at the courthouse:
- Like most states, Maine does not provide you with an attorney in eviction court. But you still have the option to hire your own lawyer. There are several organizations in Maine that provide free or reduced-cost legal services and lawyers to people with low incomes.
- Pine Tree Legal Assistance
- Disability Rights Maine
- Legal Services for Maine Elders
- Volunteer Lawyers Project
- You do not have to respond to the public housing authority’s eviction complaint ahead of the hearing, but you do need to show up in court. If you don’t appear at the hearing, the judge will automatically rule against you. This means you will be evicted.
- Once you’re in court, there will not be a jury. Eviction court is typically crowded, and the process moves quickly.
- The judge will call your case and typically will ask if you, the tenant, want to try to reach an agreement with the housing authority’s attorney.
- If you don’t reach an agreement, the judge will review the evidence presented by the housing authority and any defense you may have shortly before making a ruling.
- Maine courts also let you resolve eviction cases through mediation on the same day as your hearing. This informal process happens at the courthouse. It gives you an opportunity to speak with the housing authority and is directed by an independent mediator. Mediators have no power to decide a case; their job is just to help you and the housing authority 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 Her Back Rent. Her Record Still Says She Was Evicted.
We are still reporting. Have you been evicted in Maine? To share your story, reach Bangor Daily News reporter Sawyer Loftus at [email protected].
This story was supported in part by a grant from the Fund for Investigative Journalism.
