(A) If a governmental agency responsible for the enforcement of a building, housing or other appropriate code has notified the landlord that a dwelling is condemned or unlawful to occupy due to the existence of conditions that violate applicable codes, statutes, ordinances or regulations, a landlord shall not enter into a rental agreement for the dwelling unit until the conditions are corrected.
(B) If a rental unit is found to be noncompliant with this code by a tenant, the tenant shall notify the landlord in writing of the needed repairs. If the repairs needed constitute as an emergency, then an oral agreement with the landlord can be made and notification can be written later attesting to that conversation. Upon notification the landlord's duty to repair the noncompliant aspects of the rental unit shall begin.
(C) Either the tenant or the landlord shall notify the Housing Administrator of the noncompliant nature of the rental unit.
(D) If a landlord knowingly violates division (A) above, the tenant shall recover either three months' periodic rent or up to treble the actual damages sustained as a result of the violation, whichever is greater, cost of suit or arbitration and reasonable attorneys' fees. If the tenant elects to terminate the tenancy as a result of the conditions leading to the posting, or if the appropriate governmental agency requires that the tenant vacate the premises, the tenant also shall recover:
(1) The entire amount of any deposit prepaid by the tenant; and
(2) All prepaid rent.
(E) If a governmental agency responsible for the enforcement of a building, housing or other appropriate code has notified the landlord that a dwelling will be condemned or will be unlawful to occupy due to the existence of conditions that violate applicable codes, statutes, ordinances or regulations, a landlord, who knew or should have known of the existence of these conditions, shall be required to pay relocation assistance to the displaced tenants except that:
(1) A landlord shall not be required to pay relocation assistance to any displaced tenant in a case in which the condemnation or no occupancy order affects one or more dwelling units and directly results from conditions caused by a tenant's or any third party's illegal conduct without the landlord's prior knowledge;
(2) A landlord shall not be required to pay relocation assistance to any displaced tenant in a case in which the condemnation or no occupancy order affects one or more dwelling units and results from conditions arising from a natural disaster such as, but not exclusively, an earthquake, tsunami, wind storm or hurricane; and
(3) A landlord shall not be required to pay relocation assistance to any displaced tenant in a case in which a condemnation affects one or more dwelling units and the tenant's displacement is a direct result of the acquisition of the property by eminent domain.
(F) Relocation assistance provided to displaced tenants under this division shall be the greater amount of $2,000 per dwelling unit or three times the monthly rent. In addition to relocation assistance, the landlord shall be required to pay to the displaced tenants the entire amount of any deposit prepaid by the tenant and all prepaid rent.
(G) The landlord shall pay relocation assistance and any prepaid deposit and prepaid rent to displaced tenants within seven days of the governmental agency sending notice of the condemnation, eviction or displacement order to the landlord. The landlord shall pay relocation assistance and any prepaid deposit and prepaid rent either by making individual payments by certified check to displaced tenants or by providing a certified check to the governmental agency ordering condemnation, eviction or displacement, for distribution to the displaced tenants. If the landlord fails to complete payment of relocation assistance within the period required under this division, the town may advance the cost of the relocation assistance payments to the displaced tenants.
(H) During the period from the date that a governmental agency responsible for the enforcement of a building, housing or other appropriate code first notifies the landlord of conditions that violate applicable codes, statutes, ordinances or regulations to the time that relocation assistance payments are paid to eligible tenants, or the conditions leading to the notification are corrected, the landlord may not:
(1) Evict, harass or intimidate tenants into vacating their units for the purpose of avoiding or diminishing application of this section;
(2) Reduce services to any tenant; or
(3) Materially increase or change the obligations of any tenant, including but not limited to any rent increase.
(I) Displaced tenants shall be entitled to recover any relocation assistance, prepaid deposits and prepaid rent required by division (E) above. In addition, displaced tenants shall be entitled to recover any actual damages sustained by them as a result of the condemnation, eviction or displacement that exceed the amount of relocation assistance that is payable. In any action brought by displaced tenants to recover any payments or damages required or authorized by divisions (D) and (E) above that are not paid by the landlord or advanced by the town, the displaced tenants shall also be entitled to recover their costs of suit or arbitration and reasonable attorneys' fees.
(J) lf, after 60 days from the date that the city, town, county or municipal corporation first advanced relocation assistance funds to the displaced tenants, a landlord has failed to repay the amount of relocation assistance advanced by the town under division (G) above, then the town shall assess civil penalties in the amount of $50 per day for each tenant to whom the town has advanced a relocation assistance payment.
(K) In addition to the penalties set forth in division (F) above, interest will accrue on the amount of relocation assistance paid by the city, town, county or municipal corporation for which the property owner has not reimbursed the city, town, county or municipal corporation. The rate of interest shall be the rate determined by the Secretary of Revenue, commencing 30 days after the date that the town first advanced relocation assistance funds to the displaced tenants.
(L) If the town must initiate legal action in order to recover the amount of relocation assistance payments that it has advanced to displaced tenants, including any interest and penalties under divisions (J) and (K) above, the town shall be entitled to attorneys' fees and costs arising from its legal action.
(M) The government agency that has notified the landlord that a dwelling will be condemned or will be unlawful to occupy shall notify the displaced tenants that they may be entitled to relocation assistance under this section.
(N) No payment received by a displaced tenant under this section may be considered as income for the purpose of determining the eligibility or extent of eligibility of any person for assistance under any state law or for the purposes of any tax imposed on the recipient.
(Ord. passed - -2007)