(A) It shall be unlawful for a landlord to retaliate by increasing rent or decreasing services or by bringing or threatening to bring an action for possession after the tenant has made a good faith complaint to a Code Enforcement Officer or other governmental agency of a violation of this chapter applicable to the rented premises. In order to qualify as a good faith complaint pursuant to this section, said complaint shall be communicated by the tenant to the landlord in writing prior to filing said complaint with a Code Enforcement Officer or other governmental agency, and said complaint results in a Notice of Violation.
(B) If a landlord is in violation of division (A) of this section, the tenant may recover possession or terminate the rental agreement and, in either case, recover an amount not less than $150 and not more than $900. If the rental agreement is terminated, the landlord shall return all prepaid rent. In an action by or against the tenant, evidence of a good faith complaint within six months before the alleged act of retaliation creates a presumption that the landlord's conduct was in retaliation. The presumption of retaliation shall continue for a period of six months after the landlord completes any required repairs pursuant to the Basic Property Maintenance Code and as certified by a code enforcement officer. 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 nonexistence. The prevailing party in any action filed pursuant to this section shall be entitled to recovery of reasonable attorney fees not to exceed $500.
(C) Notwithstanding divisions (A) and (B) of this section, a landlord may bring an action for possession if:
(1) The violation of the applicable Basic Property Maintenance Code was caused primarily by lack of reasonable care by the tenant or other person in his household or upon the premises with his consent; or
(2) The lease has expired on its terms; or
(3) The tenant is in default in rent; or
(4) Compliance with the Basic Property Maintenance Code or any other 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) of this section does not release the landlord from liability under division (B) of this section.
(Ord. 02-2016, passed 2-16-2016)