1468                             Laws of Maryland                      [Ch. 687

leased for residential use for a term of one year or less, the tenant
may assert as a defense, in addition to any other defenses authorized
by law, that there exists upon the leased premises, or the property
used in common of which the leased premises form a part, a condi-
tion which constitutes, or if not promptly corrected, will constitute, a
fire hazard or a serious threat to the life, health or safety of occupants
thereof, including but not limited to, a lack of heat or of running
water or of light or of electricity or adequate sewage disposal
facilities or an infestation of rodents.

(b)    Same; conditions. The assertion of the defense provided for
in subsection (a) shall be conditioned upon the following:

(1)    Prior to the commencement of the action of distress for rent
or the complaint, the landlord or his agent was notified in writing by
certified mail of the aforesaid condition or conditions by the tenant
or was notified by a violation or condemnation notice from an
appropriate State or municipal agency, but that the landlord has
refused, or having a reasonable opportunity to do so, has failed to
remedy the same.

(2)    Payment of the tenant into court of the amount of rent
found by the Court to be due and unpaid, to be held by the Court
pending the issuance of an order under subsection (d) of this section.

(c)    Answer to defenses. It shall be a sufficient answer to such a
defense if the landlord or his agent establishes that:

(1)    The condition or conditions alleged in the defense does not
in fact exist or that such condition or conditions have been removed or
remedied; or

(2)    Such condition or conditions have been caused by the tenant
or members of the family of such tenant or of their guests; or

(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.

(d)    Order of Court. 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 to 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.

(3)    Refer any matter before the Court to the proper State, or
municipal agency for investigation and report and grant a continuance
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.