834                             LAWS OF MARYLAND                       CH. 459

(3) The tenant has UNREASONABLY refused entry to the
owner or his agent to the premises for the purpose of correcting
such condition or conditions; or

(4) The conditions were known by the tenant to exist prior to

the letting of the premises.

(d)   The Court shall make findings of fact upon any defense raised
under this section or the answer to any defense and, thereafter, shall
pass such order as the justice of the case shall require, including
any one or more of the following:

(1)  An order or judgment which includes a OF set-off to the tenant
as determined by the Court in such amount as may be equitable to
represent the existence of any condition set forth in subsection (a)
of this section which is found by the Court to exist.

(2)  Terminate the lease or order surrender of the premises to
the landlord.

(8) Refer any matter before the Court to the proper State, or
municipal agency for investigation and report and grant a continu-
ance of the action or complaint pending receipt of such investigation
and report. When such a continuance is granted, the tenant shall
deposit with the Court any rents which will become due during the
period of continuance, to be held by the Court pending its further
order, OR IN ITS DISCRETION THE COURT MAY USE SUCH
FUNDS TO PAY A MORTGAGE ON THE PROPERTY IN
ORDER TO STAY A FORECLOSURE.

(e)  If it shall appear that the tenant has raised a defense under
this section in bad faith, or has caused the violation or has UNREA-
SONABLY refused entry to the landlord or his agent for the pur-
pose of correcting the condition giving rise to the violation, the
Court, in its discretion, may impose upon the tenant the reasonable
costs of the landlord, including counsel fees and court costs- AND
THE COSTS OF REPAIR WHERE THE COURT FINDS THE
TENANT HAS CAUSED THE VIOLATION.

(f)  Any provision of a lease or other agreement whereby any
provision of this section for the benefit of a tenant, resident or occu-
pant of a dwelling is waived, shall be deemed against public policy
and shall be void.

(G) NO TENANT SHALL BE SUBJECT TO AN INCREASE
IN RENT OR EVICTION FOR MAKING SUCH COMPLAINT
FOR A PERIOD OF ONE YEAR OR FOR THE UNEXPIRED
PORTION OF ANY LEASE IF IT BE FOR LESS THAN ONE
YEAR FOLLOWING DETERMINATION OF THE MERITS BY
THE COURT, UNLESS THE COURT FINDS THE COMPLAINT
BY THE TENANT HAS BEEN RAISED FRIVOLOUSLY OR
UNLESS THE COURT FINDS THE RENT HAS BEEN IN-
CREASED OR THE TENANT EVICTED FOR GOOD CAUSE.

Sec. 2. And be it further enacted, That all laws or parts of laws,
public general or public local, inconsistent with the provisions of this
Act are hereby repealed to the extent of any such inconsistency.

Sec. 3. And be it further enacted, That this Act shall take effect
July 1, 1968.

Approved May 7, 1968.