(A) If, contrary to the rental agreement of § 153.31 of this chapter, the landlord willfully fails to supply heat, running water, hot water, electric, gas or other essential service, the tenant may give written notice to the landlord specifying the breach and may:
(1) Procure reasonable amounts of heat, hot water, running water, electric, gas and the essential service during the period of the landlord’s non- compliance and deduct their actual and reasonable cost from the rent;
(2) Recover damages based upon the diminution in the fair rental value of the dwelling unit; or
(3) Procure reasonable substitute housing during the period of the landlord’s non-compliance, in which case the tenant is excused from paying rent for the period of the landlord’s non-compliance.
(B) In addition to a remedy provided in division (A)(3) above, the tenant may recover reasonable attorney’s fees.
(D) Rights of the tenant under this section do not arise until he or she has given notice to the landlord or if the condition was caused by the deliberate or negligent act or omission of the tenant, a member of his or her family, or other person on the premises with his or her consent.
(KRS 383.640) (1984 Code, § 153.27) (Ord. O-29-85, passed 5-29-1985)