a. For the purposes of this section, the term "covered person" means any owner, lessee, tenant or occupant of a one-, two- or three-family residential building or of a premises or lot that contained such a building immediately preceding a natural or man-made disaster.
b. It shall be an affirmative defense to a violation of subdivision two of section 16-118 for any covered person that:
1. A natural or man-made disaster, as determined by the commissioner, occurred within the prior 30 days preceding issuance of such violation and such building or premises is within the area affected by such disaster; or
2. The covered person was displaced by such disaster and such building or premises was undergoing or scheduled for work or acquisition through a city-operated disaster recovery program responding to such disaster.
c. It shall be an affirmative defense to a violation of subdivisions a or b of section 16-123 for any covered person who is displaced by a natural or man-made disaster, as determined by the commissioner, that such building or lot was undergoing or scheduled for work or acquisition by a city-operated disaster recovery program responding to such disaster.
d. The commissioner may establish by rule an affirmative defense, in addition to those enumerated in subdivisions b and c of this section, to any requirement of this chapter for any covered person that in the commissioner's determination cannot reasonably comply with such requirement due to (i) the direct effects of a natural or man-made disaster or (ii) a displacement caused by such disaster or the recovery therefrom.
(L.L. 2016/059, 5/10/2016, eff. 8/8/2016)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2016/059.