(a) Where a resident has resided at an SRO for at least 32 consecutive days, the owner of the property shall not knowingly terminate the resident's tenancy, increase the resident's rent, decrease the resident's services, bring or threaten to bring a lawsuit against the resident for possession, or refuse to renew a lease or tenancy because the resident has, in good faith:
(1) complained of code violations applicable to the premises to a governmental agency, elected representative, or public official charged with responsibility for enforcement of a building, housing, health, or similar code;
(2) complained of a building, housing, health, or similar code violation, or an illegal owner practice, to a community organization or the news media;
(3) sought the assistance of a community organization or the news media to remedy a code violation or illegal owner practice;
(4) requested that the owner make repairs to the premises, as required by a building code, health ordinance, other regulation, or a residential rental agreement;
(5) become a member of a tenants' union or similar organization;
(6) testified in any court or administrative proceeding concerning the condition of the premises;
(7) participated in an offer to purchase to the property or in good-faith negotiations pursuant to 5-15-050(a)(1); or
(8) exercised any other right or sought any other remedy provided by law.
(b) If an owner is found to have violated subsection 5-15-090(a), the aggrieved resident shall have both a cause of action and a defense in any retaliatory action for possession, and shall be entitled to either recovery of possession or termination of the rental or occupancy agreement, as applicable. The resident shall also be entitled to an amount equal to either twice his monthly rent, or twice the amount of rent he has paid over the most recent 30 days (if he does not pay rent on a monthly basis). Upon the termination of a rental or occupancy agreement pursuant to this subsection 5-15-090(b), the owner shall return to the resident any security deposit, any interest due on the security deposit, and all prepaid rent.
(c) In an action by or against a resident, evidence that the resident undertook conduct protected under subsection 5-15-090(a) within one year prior to the alleged act of retaliation shall create a rebuttable presumption that the owner's conduct was retaliatory.
(Added Coun. J. 11-12-14, p. 97375, § 2)