§ 13-160. Retaliatory actions.

(a)

(1)

For any reason listed in paragraph (2) of this subsection, a landlord of any residential property may not:

(i)

Harass, intimidate, threaten, or otherwise interfere with a tenant's exercise of their legal rights;

(ii)

Bring or threaten to bring an action for possession against a tenant;

(iii)

Increase the rent or decrease the services to which a tenant has been entitled; or

(iv)

Terminate a periodic tenancy.

(2)

A landlord may not take an action that is listed under paragraph (1) of this subsection for any of the following reasons:

(i)

Because the tenant or the tenant's agent has complained, in good faith, to the landlord or to any public agency concerning the tenant's rights, specific housing deficiencies, an alleged violation of the lease, a violation of law, or a condition on the leased premises that is a substantial threat to the health or safety of occupants to

1.

The landlord; or

2.

Any public agency against the landlord;

(ii)

Because the tenant or the tenant's agent has:

1.

Consulted an attorney on any matter involving tenant's rights or specific housing violations; or

2.

Filed a lawsuit against the landlord; or

3.

Testified or participated in a lawsuit involving the landlord.

(iii)

Because the tenant has participated in any tenants' organization.

(3)

A landlord shall not evict or attempt to evict, or take any other retaliatory action against any tenant who exercises any rights conferred upon the tenant by law or any tenant who assists another tenant in exercising those rights.

(b)

(1)

A landlord's violation of subsection (a) of this section is a "retaliatory action".

(2)

A tenant may raise a retaliatory action of a landlord:

(i)

In defense to an action for possession; or

(ii)

As an affirmative claim for damages resulting from a retaliatory action of a landlord occurring during a tenancy.

(c)

If in any proceeding the court finds in favor of the tenant because the landlord engaged in a retaliatory action, the court may enter judgment against the landlord for damages not to exceed the equivalent of 3 months' rent, reasonable attorney fees, and court costs.

(d)

The relief provided under this section is conditioned on the tenant being current on the rent due and owing to the landlord at the time of the alleged retaliatory action, unless the tenant withholds rent in accordance with the lease or pursuant to law.

(e)

An action by a landlord may not be deemed to be retaliatory for purposes of this section if the alleged retaliatory action occurs more than 6 months after a tenant's action that is protected under subsection (a)(2) of this section.

(f)

As long as a landlord's termination of a tenancy is not the result of a retaliatory action, nothing in this section may be interpreted to alter the landlord's or the tenant's rights to terminate or not renew a tenancy.

(CB-85-2017)