(a) No owner, or person having control, of any premises regulated by this code shall institute or threaten to institute any action to recover possession of the premises or otherwise cause a tenant to quit a habitation involuntarily, demand an increase in rent from a tenant, decrease services to which a tenant has been entitled, increase the obligations of a tenant, or refuse to renew the tenant's lease agreement in retaliation against:
(1) A tenant's good faith complaint or report of conditions in, or affecting his or her dwelling unit, which might reasonably be believed to constitute a violation of a housing, building, health, or other code or ordinance made to a governmental authority or to the owner or person having control of the premises; or
(2) The tenant joining with other tenants for the purpose of negotiating or dealing collectively with the owner or person having control of the premises on any of the terms and conditions of a rental agreement.
(b) The City of Euclid bears the initial burden of establishing a prima facie case of retaliatory action. In order to establish a prima facie case, the City must demonstrate the following:
(1) The victim is a “tenant” as defined by Section 743.01(a) of these Codified Ordinances.
(2) The tenant has engaged in one of the protected activities in division (a) of this section.
(3) The owner or person having control of the premises has engaged in at least one of the following prohibited actions:
A. Increasing rent or any other obligations of the tenant;
B. A reduction of any services to the tenant;
C. A warning or a threat of eviction, formal or informal;
D. Filing of an eviction proceeding in close temporal proximity to the occurrence of any event referred to in division (a) of this section;
E. Termination or non-renewal of a lease agreement in close temporal proximity to the occurrence of any event referred to in division (a) of this section;
F. Landlord trespassing on the property or forcing entry;
G. Shutting off utilities or water services;
H. Not accepting rent payment;
I. Interfering with the tenant's quiet use and enjoyment of the property; or
J. Prohibiting the right of access to any part of the premises that the tenant is lawfully entitled to use or occupy.
(c) Once the City has established a prima facie case, a rebuttable presumption shifts the burden to the owner, or person having control of the premises, to articulate a legitimate, non-retaliatory reason for taking action against the tenant. To rebut the presumption to any prosecution brought under this Section 763.09 that the actions taken by the owner, or person having control of the premises were retaliatory, the accused must demonstrate by preponderance of the evidence either of the following:
(1) A tenant's violation of the lease agreement between the tenant and the accused; or
(2) A reason not related to the tenant's good faith complaint or report to the accused or a governmental authority.
If the accused articulates such a reason, the presumption ceases and the City bears the burden of proving the proffered reason is merely a pretext for unlawful retaliation.
(d) Any provision of any lease that conflicts with this section of the code is void and unenforceable.
(e) This Section 763.09 is not intended to serve as a basis for a civil claim, a counterclaim, or a defense in an eviction proceeding under Ohio R.C. Chapter 5321 or Ohio R.C. Chapter 1923.
(Ord. 16-2019. Passed 2-4-19.)