682                             LAWS OF MARYLAND                    [CH. 223

THE LANDLORD IS IN RETALIATION FOR THE TENANT
WITHHOLDING RENT WHICH THE COURT DETERMINES A
PROPER EXERCISE OF RIGHTS UNDER SECTION 459A OF
THE CODE OF THE PUBLIC LOCAL LAWS OF BALTIMORE
CITY (1949 EDITION, AS ENACTED BY CHAPTER 459 OF THE
ACTS OF 1968).

(2) IF NOTICE OF EVICTION, INCREASE IN RENT, OR
DECREASE IN SERVICES WAS GIVEN WITHIN SIX MONTHS
FROM THE WITHHOLDING OF THE RENT AS PROVIDED IN
SUBSECTION (B) (1) HEREOF, THERE SHALL BE A REBUT-
TABLE PRESUMPTION THAT THE LANDLORD ACTED IN
RETALIATION.

(c) Protection of the Landlord's Rights.

      Notwithstanding the exercise by the tenant of any of the actions

enumerated in subsection (b) hereof, the landlord may take action

to recover possession or to increase the rent, as the case may be, if

he can show that any of the following conditions exists:

NOTWITHSTANDING SUBSECTION (B) HEREOF, THE
LANDLORD MAY TAKE ACTION TO RECOVER POSSESSION
OR TO INCREASE THE RENT, AS THE CASE MAY BE, IF
HE CAN SHOW THAT ANY OF THE FOLLOWING CONDI-
TIONS EXIST:

(1)   The conditions which formed the basis of the tenant's action
enumerated under subsection (b) hereof were caused by an act or
omission of the tenant or members of his family, or any invitee
or assignee thereof, beyond those acts of omissions constituting
ordinary wear and tear; or

(2)   The landlord seeks in good faith to recover possession of the
property for his immediate and personal use as a dwelling; or

(3)   The landlord has contracted in good faith, in writing, to sell
the property for immediate personal use and occupancy as a dwelling
by the purchaser; or

(4) The landlord must increase the rent due to a substantial in-
crease in taxes or a substantial increase in other maintenance or
operating costs not associated with his complying with the Housing
Code of Baltimore City, or the landlord has completed a substantial
capital improvement of the leased premises or the property of which
the leased premises are a part and which improvement benefits the
leased premises; or

(4) THE LANDLORD MUST INCREASE THE RENT DUE TO
A SUBSTANTIAL INCREASE IN TAXES OR A SUBSTANTIAL
INCREASE IN MAINTENANCE OR OPERATING COSTS NOT
ASSOCIATED WITH THE CONDITION OR CONDITIONS FOR
WHICH RENT WAS PROPERLY WITHHELD UNDER SECTION
459A OF THE CODE OF THE PUBLIC LOCAL LAWS OF BAL-
TIMORE CITY, OR THE LANDLORD HAS COMPLETED A SUB-
STANTIAL CAPITAL IMPROVEMENT OF THE LEASED
PREMISES OR THE PROPERTY OF WHICH THE LEASED
PREMISES ARE A PART AND WHICH IMPROVEMENT BENE-
FITS THE LEASED PREMISES; OR