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Allowing landlords to cut rent if a tenant lowers the heat may have little effect on energy use statewide.

By JUSTIN ELLIS, Staff Writer November 1, 2009

A new energy law passed by the state Legislature could save renters money and landlords heating costs this winter.

The law, which went into effect in September, allows renters and landlords to enter into an agreement to reduce rent if a tenant lowers his or her heat.

But at the moment, the law appears to be unknown to some Mainers and has raised questions about health risks and whether it will have a broad impact on energy use in the state.

This past week, the Maine Attorney General's Office issued a statement on the law, saying adequate heat is a health and safety issue for renters.

"It's surprising. Most landlords I've talked to are not aware of the law," said Brit Vitalius, president of the Southern Maine Landlords Association.

The law states that tenants and landlords can negotiate a rent decrease for keeping their heat under 68 degrees but no lower than 62 degrees. Any rental unit housing someone under age 5 or over age 65 is restricted from being included in such an agreement.

Vitalius said the law has potential to be a win-win situation for tenants and landlords. If landlords save on heat, they can pass on the savings to renters, he said.

But Vitalius said a potential problem for the law is that not all apartments are alike. While some give tenants control over heat, others are a single source for the entire building, he said.

Though the law could be a benefit, renters and landlords still have plenty of questions, Vitalius said.

The consumer protection division of the Attorney General's Office issued a statement on the law to clear up confusion.

"Heat must be kept at a healthful level for residents. Landlords must provide tenants with heating systems that are able to heat a unit at 68 degrees, even when outside temperatures dip as low as 20 degrees below zero," the statement said.

One problem the state faces is an aging housing stock that becomes more difficult to heat with each passing year.

According to the Maine State Housing Authority there are more than 151,000 rental units in the state. Of those, at least 35 percent were built before 1939.

Nicola Isgro has had constant problems heating her aging apartment on Portland's Munjoy Hill.

Isgro said she's used candles to find drafty areas of the apartment, but the candles don't stay lit, she said. At times she and her daughter have had to wear coats inside the house during winter, she said.

"The heat is basically not being used to make me warm," she said. "In the coldest months of the winter, it's keeping the pipes from freezing."

Isgro, who receives Section 8 assistance for her rent, said her heating bill was as high as $500 one month last winter.

A rent reduction would not do much to help, but weatherization would, she said.

Russ Pierce, property manager with Port Property Management in Portland, said dealing with heating issues is important not just to the bottom line, but also to retaining tenants.

"If an apartment is drafty and (a landlord) is paying for heat, it costs more and the tenant's not comfortable," he said.

As more tenants begin asking about energy-efficient heating and green sources of energy, landlords have to respond, he said.

State Rep. Diane Russell, D-Portland, said the new law is well-intentioned but won't move the state forward on the broader issue of efficient winter heating.

The only way to get more rental units weatherized is to create reasons for renters to change their habits and financial incentives for landlords, she said.

Ultimately, efficient heating systems, tapping alternative forms of energy and weatherizing homes will be the best way for Mainers to withstand cold winters, she said.

"I don't know that it's a good thing people want to barter their comfort for lower rent," she said.

Staff Writer Justin Ellis can be contacted at 791-6380 or at:

jellis@pressherald.com