Lewiston may create inspection program for lodging houses
Courtesy / City of Lewiston
Lewiston councilors will meet Tuesday evening at City Hall to begin discussions of a proposed inspection program for lodging houses.
The Lewiston City Council on Tuesday will begin considering whether the city should launch a program to inspect lodging houses within its borders, as state officials consider ending their own inspections.
Lodging houses, also known as rooming houses or boarding houses, typically offer low-cost rooms with shared kitchens and bathrooms — but are distinct from short-term rentals like those on Airbnb. Decades ago, lodging houses were popular with urban workers who needed basic, inexpensive residences, and the option has lately come back into style in the midst of Maine’s housing crunch.
The Maine Department of Health and Human Services currently administers inspections and and licenses for lodging houses. Some municipalities, including Lewiston, handle the inspections on behalf of DHSS.
The department has proposed ending its oversight of lodging houses. A bill to do that was taken up by the Maine Legislature before it adjourned in March because of the pandemic.
However, the proposal still has “broad support,” and DHHS “has made clear that its goal remains to no longer license or inspect lodging houses,” Lewiston Planning Director David Hediger wrote in a memo last week.
In place of the state program, Hediger wants Lewiston to create its own.
The city should license the houses and create a “municipal inspection program focusing on common areas to protect the health and safety of inhabitants. We envision annual inspections of bathroom, kitchens and other common areas,” he wrote.
One of the factors the City Council may consider in weighing the idea is how Lewiston would handle the removal of lodging house residents. State law protects tenants of a traditional rental property through the eviction process, and makes it clear that inhabitants of a lodging house are not tenants.
But the Maine Supreme Judicial Court has ruled that other factors, such as an occupant’s length of stay, may determine the distinction, according to Hediger. Lewiston could find itself involved in legal cases as a result.
“The city is the closest level of government to a dispute over whether a person is a tenant in a rental property or guest of a lodging house,” Hediger wrote.
The Lewiston City Council workshop is scheduled for 6 p.m. Tuesday and can be viewed via Zoom. More information is available here.
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