Legal Question in Real Estate Law in Maine

My husband and I just bought a duplex. We live in one side and plan on using the other side for income purposes. I would like to open a home daycare center, but the state of Maine states that in order for it to be a "home" daycare it must be a single family. We own both units but only dwell in one? Is there anyway this could work without having the change the type of dwelling we have? One day we'd like to change it back to a rental unit.


Asked on 10/23/12, 4:52 am

1 Answer from Attorneys
Jerome Gamache Ainsworth Thelin & Raftice, P.A.

You should review your situation with the municipal code enforcement officer to be sure the Town will allow the use in that location.

With regards ot the State of Maine, one would think the intent of the single family home definition would still be met within the confines of a single structure that has separated livings spaces such as a duplex. My partner has worked with a few daycare providers and has not addressed this specific issue as all situations vary, but this may be an area subject to DHHS intrepretation and discretion and possibly institutional precedent with its treatment of this issue with other daycare licencees. An onsite review by the agency seems to be the best way to test the issue without involving a lawyer.

Good luck.

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Answered on 10/23/12, 5:26 am


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