§ 6-809. Remedies. 158

   (1)   Where the seller does not comply with the provisions of Section 6-803 or 6-804 the buyer shall be entitled to damages in the amount of double the reasonable cost of a comprehensive residential lead inspection plus attorney's fees and costs. An aggrieved party may also obtain injunctive relief plus attorney's fees and costs to enforce the terms of this Section in any court having jurisdiction.

   (2)   Where the lessor does not comply with the provisions of Section 6-804 the lessee shall be entitled to damages in the amount of double the reasonable cost of a comprehensive residential lead inspection plus attorney's fees and costs. An aggrieved party may also obtain injunctive relief plus attorney's fees and costs to enforce the terms of this Section in any court having jurisdiction.  159

   (3)   Where a lessor does not comply with any provision of Section 6-803, the lessee shall be entitled to bring an action in a court of competent jurisdiction and a prevailing lessee shall be entitled to the following remedies:

      (a)   an order requiring the lessor to provide the required certification and the performance of the necessary work to make the property lead safe;

      (b)   damages for any harm caused by the failure to provide the certification;

      (c)   exemplary damages of up to two thousand dollars ($2,000);

      (d)   abatement and refund of rent for any period in which the lessee occupies the property without a required certification having been provided; and  160

      (e)   attorney's fees and costs.

   (4)   Where a lessor does not comply with any provision of subsection 6-803(3)(a), the lessor shall be denied the right to recover possession of the premises or to collect rent during or for the period of noncompliance. In any action for eviction or collection of rent, the owner shall attach either a copy of the certification required by subsection 6-803(3)(a) or documentation that the premises do not qualify as Targeted Housing.  161

   (5)   The provisions of this Ordinance shall be liberally construed to effectuate its purpose of disclosure.

 

Notes

158	Amended, Bill No. 100011-A (approved December 21, 2011), effective December 21, 2012.
159	Amended, Bill No. 160687-AAA (approved March 7, 2017), effective April 6, 2017.
160	Amended, Bill No. 180936-A (approved October 2, 2019), effective October 1, 2020.
161	Amended, Bill No. 180936-A (approved October 2, 2019), effective October 1, 2020.