No landlord shall increase rent under this chapter if the landlord:
(A) Has failed to comply with any provisions of this chapter and/or regulations issued thereunder by the city, including the provisions requiring the payment of registration fees and registration penalties.
(B) Has failed to comply substantially with any applicable state or local housing, health or safety law. No landlord shall increase rent unless the notice increasing rent contains a statement in substantially the following form: "The undersigned (landlord) certifies that this unit and common areas are not subject to any uncorrected citation or notices of violation of any state or local housing health, or safety laws issued by any government official or agency." If a landlord fails to comply with this division, the tenant may refuse to pay the improperly noticed increase, may seek administrative or civil remedies under this chapter, and may raise the landlord's noncompliance as an affirmative defense in any resulting unlawful detainer action.
(Ord. 1447, passed 10-21-20; Am. Ord. 1501, passed 4-5-23)