April 9, 2024

REALTORS® at the Maine State House

Last week, close to 150 of your fellow REALTORS® convened at the Maine State House and witnessed the 131st Legislature in action. It was an exciting and different day as the House and Senate worked through lunch to try and accomplish as much as possible prior to the late week snow storm. We drafted personalized letters to Legislators that were hand delivered to their legislative boxes and some Senators and Representatives were able to sneak away to chat with REALTOR® constituents!

RALLY Take Aways:

We had a shout out in the House and Senate Chambers acknowledging our presence in the galleries.

In the Senate- Several REALTOR® members witnessed LD 1298-An Act to Allow a Local Option Sales Tax on Short-Term Lodging be overwhelmingly voted down! (an exciting moment for us advocacy nerds!) It is now Dead!

Governor Mills came out for a photo op! (pictured above!)

The Virtual portion of Rally included a state-wide Call for Action to the 131st Maine Legislature. Overall we reached 94% of the Legislature with our messaging, and all but 12 Representatives heard from a Maine REALTOR® between March 30th and April 7th! Check out the full stats in the infographic above.

Thank you for advocating for our industry!

A very special thank you to our REALTOR® members serving in the 131st Legislature, your hard work and efforts to support our industry and the people of Maine are very much appreciated. Thank you to Senator Matt Pouliot, Representatives Vicki Doudera and Katrina Smith for taking the time to join us for the Issues Briefing prior to Rallying at the State House.

Check on MAR's Top Priority Bills

Some Law Changes...

Last week a few top priority bills were passed into law, below is a brief overview. More detailed information will follow on how these new laws will impact your business.

LD 1710: Establishes the Commission to Improve Tenant-Landlord Relationships and Maximize the Use of Housing Vouchers, will report out to the Legislature in advance of the 132nd Legislature on its findings.

LD 2035: Maine PL 585-Flood disclosure will be required later this year in Maine. Read the full law here

LD 1490: Maine PL 494- Housing Providers must disclose tenant related expenses, provide 75 days notice of 10% or more rent increases, narrows what fees can be collected at the commencement of tenancy and new laws relating to mobile home parks. Takes Effect January 1, 2025- read more here.

Bill Tracking Report

NAR Proposed Settlement Member Forum:

On April 17th from 10am-11am, MAR will host a member forum to address your questions around the NAR proposed settlement.

RSVP below.

Member Forum RSVP Now!

Facts.Realtor

MAR's Resource Page

Proposed Settlement Resources:

Visit the buttons to the left frequently to stay abreast of what's happening. NAR recently updated their Financing FAQs and Settlement Facts FAQs. MAR's resource page has additional information and resources available for download. The MAR Contract Review Committee meets in just a few days to begin working on how the proposed settlement changes will be articulated in Maine REALTOR® forms and practice.

U.S. Department of Labor Final Rule on Independent Contractors is Effective:

The U.S. Department of Labor's (DOL) final rule regarding how workers are classified under the Fair Labor Standards Act (FLSA) is now active. Despite NAR's efforts, the final rule was issued in January 2024, and took effect March 11, 2024. NAR met with officials at the U.S. Department of Labor’s Wage and Hour Division to discuss the recent rule and its impact on the real estate industry. During the meeting NAR expressed concerns regarding the preemptive effect of the federal rule and how it may impact state worker classification laws and how real estate professionals are classified under Independent Contractor status. NAR will continue to advocate on worker classification matters and to ensure that real estate professionals retain the ability to be classified as real estate professionals. NAR has requested industry specific guidance on this on how it impacts real estate independent contractors. Additional Guidance to come.

What Now? - Advocating for HR 5419: Direct Seller and Real Estate Agent Harmonization Act

To combat the DOL's new rules, NAR is asking Congress to support, HR 5419: To amend the Fair Labor Standards Act of 1938 to clarify the definition of employee as it relates to direct sellers and real estate agents, and for other purposes. (Basically rescinding the new rule back to the 2021 law) For those of you attending RLM in Washington D.C. next month, this will be one of our Legislative Priorities for discussion at the Hill Visits.

Additional resource: U.S. DOL’s Final Rule on Independent Contractors is in Effect, But Being Challenged: What You Should Know

Sustainability-- Tell us what you think!

As you know, MAR has been seeking feedback on public policy topics in a effort to better prepare for updates to our Public Policy Statement later in the year. We still need your input around different subject areas as they relate to real estate, private property rights and the economy. Please consider answering these 1-2 question polls to ensure your voice is heard on these important policy topics. (All submissions are anonymous) Click on the button below for our next subject area.

Topic #3: Sustainability

You can still weigh in on our other topics:

Topic #1: STR's- What do you think?

Topic #2: Rent Control & Rental Registries

Economic Impact of a Typical Home in Maine:

In 2023, each home sale contributed $155,500 in economic impact. The real estate industry accounted for $17.8 Billion or 19.5% of the state's gross product.

Read the full report here.

Harnessing Data to Show Your Value:

Seeking creative ways to showcase your value proposition? Reference NAR's Highlights From the Profile of Home Buyers and Sellers to learn more about target demographics, the value agents bring to the transaction and to better understand trends in the marketplace that will prepared for the future.

FUN FACTS:

In 2023-89% of buyers purchased their home through a real estate agent or broker.

Since 1971, the national mortgage interest rate average has been 7.74%

Maine has the oldest median age at 44.8 years old

Maine Regulatory Updates:

Maine Farmers can apply for PFAS Aid

On March 18th, it was announced that the Maine Department of Agriculture, Conservation and Forestry Fund to Address PFAS Contamination (PFAS Fund) is now accepting applications for assistance from commercial farms impacted by per- and polyfluoroalkyl substances (PFAS) contamination. The grant program is managed by DACF and has a $60 million budget. Learn more about the program...

LUPC seeks comments on proposed STR rules:

The Land Use Planning Commission (LUPC) has issued a request for comments around Short Term Rental Policy in the unorganized and de-organized areas of the State, including townships and plantations: Short Term Rentals- Draft Proposed Rules 2.28.2024

Comment Period and Contact Information: Short-term Rental rulemaking comment deadline: April 17, 2024. Submit comments to: stacy.benjamin@maine.gov or by mail to: Maine Land Use Planning Commission, 22 State House Station, Augusta, ME 04333-0022.