§ 34-18-46 - Retaliatory conduct prohibited.
SECTION 34-18-46
§ 34-18-46 Retaliatory conduct prohibited.– (a) Except as provided in this section, a landlord may not retaliate byincreasing rent or decreasing services or by bringing or threatening to bringan action for possession because:
(1) The tenant has complained to a governmental agencycharged with responsibility for enforcement of a building or housing code of aviolation applicable to the premises materially affecting health and safety; or
(2) The tenant has complained to the landlord of a violationunder § 34-18-22; or
(3) The tenant has organized or become a member of a tenants'union or similar organization; or
(4) The tenant has availed himself or herself of any otherlawful rights and remedies.
(b) If the landlord acts in violation of subsection (a), thetenant is entitled to the remedies provided in § 34-18-34 and has adefense in any retaliatory action against him or her for possession. In anaction by or against the tenant, evidence of a complaint within six (6) monthsbefore the alleged act of retaliation creates a presumption that the landlord'sconduct was in retaliation. The presumption does not arise if the tenant madethe complaint after notice of a proposed rental increase or diminution ofservices. "Presumption" means that the trier of fact must find the existence ofthe fact presumed unless and until evidence is introduced which would support afinding of its nonexistence.
(c) Notwithstanding subsections (a) and (b), a landlord maybring an action for possession if:
(1) The violation of the applicable building or housing codewas caused primarily by lack of reasonable care by the tenant, a member of hisor her family, or other person on the premises with his or her consent; or
(2) The tenant is in default in rent; or
(3) Compliance with the applicable building or housing codeor other public action such as eminent domain, requires alteration, remodeling,or demolition which would effectively deprive the tenant of use of the dwellingunit, and the relocation requirements have been met by the municipality.
(d) The maintenance of an action under subsection (c) of thissection does not release the landlord from liability under § 34-18-28(b).