Section PRP.05.27 — Defenses

(a) Upon an appropriate showing, the Court must grant the remedies allowed in this Ordinance, unless it appears by the evidence that:

(1) The premises are untenable, uninhabitable, or constitute a situation where there is a constructive eviction of the tenant, in that the premises are in such a condition, due to the fault of the landlord, that they constitute a real and serious hazard to human health and safety and not a mere inconvenience.

(2) The landlord has failed or refused to make repairs which are his responsibility after a reasonable demand by a tenant to do so, without good cause, and the repairs are necessary for the reasonable enjoyment of the premises.

(3) There are monies due and owing to the tenant because he has been required to make repairs which are the obligation of the landlord, and the landlord has failed or refused to make them after a reasonable notice. Such sums may be a complete or partial defense to a complaint for eviction, but only to the extent that such sums set off monies owed for occupancy. A tenant may be evicted after such a period if he fails or refuses to pay the reasonable rental value of the premises.

(4) Due to the conduct of the landlord, there is injury to the tenant in such a way that justice requires that relief be modified or denied. This shall include the equitable defenses of estoppel, laches, fraud, misrepresentation, and breaches of serious and material obligations for public health, safety, and peace standards.

(5) There are such serious and material breaches of applicable housing law on the part of the landlord that it would be unjust to grant him a remedy.

(6) The landlord is evicting the tenant because of his/her race, sex, sexual orientation, religion, age, marital status, family status, or because the tenant is disabled.

(7) There are any other material or relevant fact, which the tenant might present, that may explain why his eviction is unjust and unfair.

(b) No defense may be founded upon either of the grounds listed in (a)(1) or (a)(2 unless:

(1) the obligation to maintain or repair is that of the landlord under this Ordinance or the agreement of the parties, and a clear and reasonable demand was made by the tenant to correct such conditions or the landlord knew of them; and

(2) the landlord has had a reasonable opportunity to maintain or make repairs and the tenant has been cooperative in allowing them.