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Can i put a claim against a state housing inceptor

Jonesboro, ME |

me and my son our both on disability hes 6 and vie had my section 8 voucher for 3 yrs . inspector of the state passed them both and they should of never passed . one with lead and the other no insulation int he home

Attorney Answers 1


Unfortunately, the answer is "no." The is a Maine statute known as the "Tort Claims Act" that grants governmental officials virtually complete immunity from suit, regardless of whether they were negligent. There is an exception in the statute allowing suits against the government, under some circumstances, which the government agency carries liability insurance that would apply to your claim. You could write a letter to the state inspector to ask whether there is insurance that would cover your claim.

I must tell you, that even if you have a chance even to file suit against the inspector, that the odds of your prevailing are low, and the legal costs of bringing such a suit are high. It is doubtful that the inspector has a legal duty toward you personally that would allow you to sue him.

This does not mean that there is nothing you can do. I recommend that you at least write a letter to the inspector to notify him or her of the alleged mistakes. If he or she investigates your claim and finds it to be well-founded, it is at least possible that he or she might assist you in finding housing that satisfies all codes and regulations, and/or order the landlord to correct the deficiencies if the landlord wishes to continue renting under Section 8.

I wish you the best of luck.

By answering this question, I have NOT formed an attorney-client relationship with you or with anyone else. My answer to your question is only a general one, and neither you nor anyone else can rely upon it as legal advice that would be appropriate for your particular situation.

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