Marvin Mandel, Governor                        1471

perpetrate or perpetuate such conditions and that such retaliatory
actions on the part of landlords be proscribed. SUCH SANCTIONS
ARE INTENDED TO PROTECT THE LIFE, HEALTH AND
SAFETY OF TENANTS AND ARE NOT TO BE USED TO HAVE
PREMISES REDECORATED OR TO HAVE MINOR CODE VIO-
LATIONS CORRECTED. IT IS ALSO NOT THE INTENTION
THAT SUCH SANCTIONS BE USED BY EITHER LANDLORDS
OR TENANTS AS A MEANS OF HARASSMENT.

(b)    Where property situated in the City of Baltimore is leased
for the purpose of human habitation, the tenant of such property may
assert that there exists upon the leased premises, or upon the property
used in common of which the leased premises form a part, a condition
or conditions which constitute, or if not promptly corrected, will
constitute a fire hazard or serious threat to the life, health or safety
of occupants thereof, including but not limited to, a lack of heat or of
hot or cold running water (EXCEPT IF THE PROPERTY IS A
ONE-FAMILY DWELLING OR A MULTIPLE DWELLING
WHERE THE TENANT IS RESPONSIBLE FOR PAYMENT OF
THE WATER CHARGE AND WHERE THE LACK OF SUCH
WATER IS THE DIRECT RESULT OF THE TENANTS FAIL-
URE TO PAY THE WATER CHARGE) or of light or of electricity
or of adequate sewage disposal facilities or an infestation of rodents
(EXCEPT IF THE PROPERTY IS A ONE-FAMILY DWELLING)
or of the existence of paint containing lead pigment on surfaces within
the dwelling, PROVIDED THAT THE LANDLORD HAS NOTICE
OF THE PAINTED SURFACES, AND IF SUCH CONDITION
WOULD BE IN VIOLATION OF THE BALTIMORE CITY HOUS-
ING CODE.

(c)    The assertion described in subsection (b), above, may be
made

(1)    on the initiative of the tenant by his filing in People's Court
of Baltimore City a declaration setting forth such assertion and
praying for one or more forms of relief as enumerated in subsection
(f), below, or

(2)    by the tenant as a defense in answer to an action of distress
for rent or in any complaint proceeding brought by a landlord
to recover rent or the possession of leased premises for non-
payment of rent (including a proceeding brought under Section 456
hereof).

(d)    The assertion by the tenant, whether made by complaint or
answer, shall be conditioned upon the following:

(1) Prior to the commencement of the action by the tenant or by
the landlord, the landlord or his agent was notified in writing by
Certified Mail (return receipt) of the condition or conditions
described in subsection (b), above, or was notified of such condition or
conditions 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. For the purposes of this subsection, what period of time shall
be deemed to be unreasonable delay is left to the discretion of the

court except that a period in excess of thirty (30) days from receipt

of the notification by the landlord shall be deemed per se unreasonable
EXCEPT THAT THERE SHALL BE A REBUTTABLE PRE-