New law allows renters to negotiate for lower heat, rent

LEWISTON — A new state law allows landlords to negotiate with tenants for lower minimal temperatures in exchange for rental rebates, a legal assistance group says.

 The law, passed by the Legislature earlier this year, allows tenants to negotiate for temperatures below 68 degrees Fahrenheit, to a low of 62 degrees, said Matt Dyer of Pine Tree Legal Assistance, a statewide nonprofit with an office in Lewiston. The heating agreements are not allowed in rentals with occupants over 65 or younger than 5 years old, according to the law.

"Any bargain must be in writing and must state that it can be revoked by either party and that the reduction in heat is granted for a stated reduction in rent," according to Pine Tree Legal.

Dyer said the law clears up ambiguity over state minimum temperature requirements, but the Attorney General's Office disagrees.

State law requires landlords to maintain heating units that can heat apartments to 68 degrees, but there is no legally mandated minimal temperature that landlords must maintain in living spaces, according to an opinion offered last year by Attorney General Steve Rowe.

Kate Simmons, a spokeswoman for the AG's office, said the new law doesn't change that opinion.

But the AG's office is "absolutely wrong," Dyer said.

"I just can't imagine a judge would look at that and say, 'Well, it doesn't mean that without an agreement you have to keep the temperature at 68 degrees," he said. "I just find it laughable that anyone would assert that otherwise, that's just my opinion."

Whether or not the state has a minimal temperature requirement, many municipalities do.

Lewiston and Auburn require the heat to be turned on from Sept. 15 through May 15; in Lewiston, the minimum temperature is 66 degrees, unless otherwise negotiated, and in Auburn it's 68 degrees, according to each city's code enforcement official.

Donald Poisson of Minot, president of the Lewiston-Auburn Landlords Association, said landlords wouldn't mind clarification of the state requirement.

"Nobody wants to get in trouble because they are messing with the heat," said Poisson, who manages properties in Auburn. "We've had conflicting reports. You talk to two different code officers and they both would have a different understanding."

Poisson had pushed for flexibility in minimum temperature requirements last year, when many landlords were concerned about being able to cover the cost in the face of record-high home heating oil prices. Though the sharp economic downturn last fall lowered oil prices dramatically, helping to alleviate the problem, Poisson said landlords are concerned about the potential for rising prices in the future.

"They've insulated, changed thermostats and changed furnaces," he said.

Code officers in Lewiston and Auburn encouraged tenants worried about the temperature of their homes to document the temperature and contact their landlords directly before looking to the cities for assistance.

rmetzler@sunjournal.com