LEWISTON — Lewiston could face legal action over its proposal to cap mobile home lot rents.

Lewiston is working on a proposed ordinance that would limit rent increases for mobile home lots. Members of the city’s housing committee presented the nearly-finished product to the council on Tuesday.

The purpose of the proposal is to protect tenants in mobile home parks — many of whom are on a fixed income  — from facing sharp increases in rent, according to a draft of the ordinance.

Eugene Perreault, who lives in a mobile home in Lewiston, told the council that rent almost tripled after a large, out-of-state company bought the park two years ago. He said he and his partner are struggling to afford to live there now, and both are on fixed incomes. 

“If this ordinance is not passed, we’ll be out in the street,” Perreault said.

Maine law does regulate mobile home rent increases. Park owners can only increase rents once per year, and only up to the Consumer Price Index for the Northeast region plus one percent.  

Should a landlord increase the rent by more than what’s allowed, tenants can ask for mediation if more than a majority of them requests it. According to the law, mediation is not guaranteed to reduce the rent increase.

The city could face legal action if its proposed ordinance becomes stricter than state law, according to Julie Smith, head of the Manufactured Housing Association, a lobbying and public relations firm.

“Our position is that Lewiston cannot simply overlay a separate municipal rent control regime on top of it [state law],” Smith said. “There are also serious constitutional concerns.”

Smith cited a New Jersey case in which a township’s mobile home rent control measure was ruled unconstitutional.  

“Lewiston should pay attention to that warning,” Smith said.

Smith threatened to sue the town of Eliot over a similar proposed ordinance earlier this month, according to the Maine Monitor. 

Councilor Joshua Nagine said it was unfortunate that Lewiston could be the potential “battleground” for such a legal fight, especially when other municipalities already have mobile home rent caps in place.  

“Right now, we’re pitting a large national entity against a bunch of private owners and tenants,” Nagine said. “And we’re being threatened, meanwhile, by multiple groups, including one tonight. This is the battleground, apparently, for the entire state. Which is unfortunate because all we’re trying to do, in my opinion, is protect our constituents.”

The council didn’t say when it would consider the proposed ordinance, but considering that the housing committee has nearly completed its work, the council may take on the proposal within the next few months, housing committee representatives have said.