(A) Except as provided in this section, a landlord may not retaliate by increasing rent or decreasing services or by bringing or threatening to bring an action for possession after:
(1) The tenant has complained to a governmental agency charged with responsibility for enforcement of a building or housing code of a violation applicable to the premises materially affecting health and safety;
(2) The tenant has complained to the landlord of a violation under § 153.31 of this chapter; or
(3) The tenant has organized or become a member of a tenant’s union or similar organization.
(B) If the landlord acts in violation of division (A) above, the tenant is entitled to the remedies provided in § 153.43 of this chapter and has a defense in any retaliatory action against him or her for possession. In an action by or against the tenant, evidence of a complaint within one year before the alleged act of retaliation creates a presumption that the landlord’s conduct was in retaliation. The presumption does not arise if the tenant made the complaint after notice of a proposed rent increase or diminution of services. PRESUMPTION means that the trier of fact must find the existence of the fact presumed unless and until evidence is introduced which would support a finding of its non-existence.
(C) Notwithstanding divisions (A) and (B) above, a landlord may bring an action for possession if:
(1) The violation of the applicable building or housing code was caused primarily by lack of reasonable care by the tenant or other person in his or her household or upon the premises with his or her consent;
(2) The tenant is in default in rent; or
(3) Compliance with the applicable building or housing code requires alteration, remodeling or demolition which would effectively deprive the tenant of use of the dwelling unit.
(D) The maintenance of an action under division (C) above does not release the landlord from liability under § 153.39 of this chapter.
(KRS 383.705) (1984 Code, § 153.40) (Ord. O-29-85, passed 5-29-1985)