Mobile home utilities and fuel in Maine

Q: Can a Maine park make residents buy fuel from one dealer?

Generally no. Under 10 M.R.S. §9095, 'no mobile home park owner or operator may require, as a condition of tenancy or continued tenancy, that a mobile home owner or dweller purchase fuel oil or bottled gas from any particular fuel oil or bottled gas dealer or distributor.' This is general information, not advice about a specific bill — consider consulting a licensed attorney in Maine.

Q: Can a Maine park overcharge for fuel it distributes itself?

No. The exception in §9095(1) lets a park run a centralized fuel-oil or bottled-gas distribution system, but a park that does so 'may not charge residents more than the average retail price charged by other retail distributors for fuel oil or bottled gas in the county in which the mobile home park is located.'

Q: Does Maine require the park to keep utility facilities working?

The lot and its facilities must be fit for habitation. Under §9099(1), the park 'is deemed to covenant and warrant that the space and its associated facilities are fit for human habitation,' and a tenant can file a court complaint if a condition endangers health or safety and the park fails to fix it after notice.

Maine's mobile home park law, 10 M.R.S. Chapter 953, does not set a detailed submetering formula, but it strongly regulates the fuel oil and bottled gas many park residents rely on, and backs up a park's responsibility for lot facilities with a habitability warranty. The information below describes how the law generally works; anyone disputing a specific charge should consider consulting a licensed attorney in Maine.

What the statute says

10 M.R.S. §9095 protects fuel choice:

Except as provided in subsection 1, no mobile home park owner or operator may require, as a condition of tenancy or continued tenancy, that a mobile home owner or dweller purchase fuel oil or bottled gas from any particular fuel oil or bottled gas dealer or distributor.

The one exception is a park-run centralized system, and even then subsection 1 provides that the park "may not charge residents more than the average retail price charged by other retail distributors for fuel oil or bottled gas in the county in which the mobile home park is located." On the condition of the lot and its services, §9099(1) provides that the park "is deemed to covenant and warrant that the space and its associated facilities are fit for human habitation," enforceable through the complaint process in the rest of §9099.

How it works in general

A park generally cannot force residents to buy fuel oil or bottled gas from a particular dealer — residents may shop for fuel. If the park provides a centralized fuel distribution system instead, its price is capped at the county average retail price charged by other distributors, so it cannot use a captive system to mark fuel up. For the broader utility and service infrastructure tied to the lot, the park's habitability warranty under §9099 means the space and "its associated facilities" must be fit for human habitation, and a resident can seek a court remedy if a dangerous condition is not promptly fixed after notice. Electric and other regulated utilities are overseen by the Maine Public Utilities Commission, and the written lease sets how metered utilities are billed.

Common scenarios

General examples Maine park residents commonly encounter:

A park insists residents buy heating fuel only from its chosen dealer. Section 9095 generally bars that.
A park runs its own fuel distribution and charges a premium. Its price is capped at the county average retail rate (§9095(1)).
A lot's water or sewer service fails. The §9099 habitability warranty covers the space and its associated facilities.

Other authorities that may apply

Chapter 953 governs fuel-purchase freedom (§9095) and the habitability of the lot and its facilities (§9099). The Maine Public Utilities Commission regulates electric, gas, water, and similar utilities and their rates, and the written lease sets the utility-billing terms. Federal law can apply in particular situations, and any lease waiver of a Chapter 953 right is unenforceable (§9097(7)).