(A) Any landlord who demands, accepts, receives, or retains any payment of rent in excess of the maximum lawful rent, in violation of the provisions of this chapter or any rule, regulation or order hereunder promulgated, including the provisions ensuring compliance with habitability standards and registration fee requirements, shall be liable in a civil action to the tenant from whom such payments are demanded, accepted, received or retained, for reasonable attorney fees and costs as determined by the court, plus damages in the amount by which the payment or payments demanded, accepted, received or retained exceeds the maximum lawful rent. A civil penalty of treble the amount by which the payment or payments demanded, accepted, received or retained exceeds the maximum lawful rent shall be awarded against the landlord upon a showing that the landlord has acted willfully or with oppression, fraud or malice. The statute of limitations for all remedies in this division shall be three years. The remedies of this division are cumulative and may be used in addition to any other remedy in this chapter, at law, statute or ordinance.
(2) In any administrative hearing under this section, a landlord who demands, accepts, receives or retains any payment of rent in excess of the maximum lawful rent shall be liable for damages in the amount by which the payment or payments demanded, accepted, received or retained exceeds the maximum lawful rent and may be liable for an additional amount not to exceed $500, for costs, expenses incurred in pursuing the hearing remedy, and damages. The tenant shall bear the burden of proving entitlement to this amount. The tenant may deduct the $500 costs payment and award of damages from future rent payments in the manner provided by the Town Manager. An order authorizing rent withholding under this chapter shall survive the sale or other transfer of the rental unit and shall be binding upon successors of the landlord against whom the order was made. If a tenant authorized to withhold rent under this chapter vacates the rental unit, the landlord shall pay to such tenant a sum equal to the balance of the rent that the tenant could have withheld.
(Ord. 871, passed 11-2-2022; Ord. 882, passed 9-6-2023)