(a) An operator commits an offense if the operator raises a resident's rent, diminishes services to a resident, or attempts eviction of a resident within six months after:
(1) the resident files a valid complaint with the director complaining of a violation of this chapter on property occupied by the resident; a complaint is considered valid if it results in an action described in Paragraphs (2), (3), or (4) of this subsection;
(2) the director issues to the operator or the operator's agent a written notice or citation listing any violation of this chapter that exists on property occupied by the resident;
(3) the city attorney files an action under Article V of this chapter, Chapter 54 of the Texas Local Government Code, or Chapter 260 of the Texas Health and Safety Code relating to any violation of this chapter that exists on property occupied by the resident;
(4) the resident, after filing a complaint with the director and the operator or the operator's agent, files a written complaint with the city attorney complaining of a violation of this chapter on property occupied by the resident, unless the complaint is later withdrawn by the resident or dismissed on the merits; or
(5) repairs are completed on property occupied by the resident in compliance with either a written notice or citation issued by the director or a court order.
(b) It is a defense to prosecution under Subsection (a) that:
(1) rent was increased pursuant to an escalation clause in a written lease which provided for changes in costs of utilities, taxes, and insurance;
(2) rent was increased, services were reduced, or notices to vacate were issued as part of a pattern of rent increases, service reductions, or evictions for an entire boarding home facility;
(3) the resident was delinquent in rent when the operator gave notice to vacate or filed an eviction action;
(4) the resident was responsible for or caused a violation of this chapter that existed on property occupied by the resident;
(5) the resident's written lease fixing the rent, services, or term of occupancy had expired, unless, at the time an action described in Subsection (a)(1), (2), or (3) occurred, a violation of this chapter that was reasonably dangerous to the physical health or safety of the resident or another person existed on property occupied by the resident;
(6) the resident holds over after giving notice of termination or intent to vacate;
(7) the resident holds over after the operator gives notice of termination at the end of the rental term and, at the time the notice of termination was given, the operator or the operator's agent had not received actual notice that a valid complaint had been filed with the city complaining of violations of this chapter on property occupied by the resident;
(8) before filing a complaint with the city complaining of a violation of this chapter on property occupied by the resident, other than a violation that is reasonably dangerous to the physical health or safety of the resident or another person, the resident fails to comply with a written lease provision requiring the resident to:
(A) notify the operator or the operator's agent, in writing, of the violation; and
(B) allow the operator 15 days to correct the violation; or
(9) the operator proves that the rent increase, service reduction, or attempted eviction was for good cause and not for purposes of retaliation against the resident.
(c) An offense under this section may be prosecuted upon the filing of a written complaint by the resident with the city attorney. (Ord. 32397)