Plaintiff-Katherine McCovern, Esq.
Defendants-James Bowie, Esq.
D. Warren Justice, Superior Court
this action Patricia Clukey, a former tenant of the South
Portland Housing Authority, primarily alleges that the South
Portland Housing Authority violated 14 M.R.S. § 6025,
the statute governing a landlord's access to a
tenant's dwelling unit. Her complaint also alleges
violations of the Maine Unfair Trade Practice Act, breach of
contract, negligent infliction of emotional distress, and
invasion of privacy.
jury-waived trial was held on February 28,
court makes the following findings of fact and conclusions of
April 5, 2016 Patricia Clukey was a tenant residing in unit
601 at 425 Broadway in South Portland.
Broadway, also called Hazard Towers, is an eight story
apartment building operated by the South Portland Housing
Authority and contains approximately 100 units occupied by
elderly and disabled residents.
Clukey first became a tenant of 425 Broadway on June 13, 2012
under a lease (Def. Ex. 1) that included a "No Smoking
Lease Addendum" that Ms. Clukey signed.
of April 5, 2016 Ms. Clukey's residency was governed by a
subsequent lease (Def. Ex. 2) that contained a no-smoking
provision (section 21) initialed by Ms. Clukey and
incorporated a "Smoke Free Campus Addendum" signed
by Ms. Clukey.
Ex. 2 contained a provision (section 11) governing the
Housing Authority's right to enter Ms. Clukey's unit.
This provision tracked but was not identical to the statutory
provisions in 14 M.R.S. § 6025.
pertinent part, 14 M.R.S. § 6025 provides:
1. Tenant obligations. A tenant may not
unreasonably withhold consent to the landlord to enter the
dwelling unit in order to inspect the premises, make
necessary or agreed repairs, decorations alterations or
improvements, supply necessary or agreed services or exhibit
the dwelling unit to prospective or actual purchasers,
mortgagees, tenants, workers or contractors ....
2. Landlord obligations. Except in case of
emergency or if it is impracticable to do so, the landlord
shall give the tenant reasonable notice of his intent to
enter and shall enter only at reasonable times. Twenty-four
hours is presumed to be a ...