3190

COUNTY LOCAL LAWS

VIOLATION OF THIS CHAPTER HAS OCCURRED OR A DETECTIVE
TENANCY EXISTS.

93A-39. RETALIATORY ACTION PENDING RESOLUTION OF A
COMPLAINT.

IT SHALL BE UNLAWFUL FOR ANY LANDLORD TO EVICT OR
TAKE ANY OTHER RETALIATORY ACTION AGAINST A TENANT FOR
THE FILING OF A BONA FIDE COMPLAINT HEREUNDER. WITHIN
SIX (6) MONTHS OF THE FILING OF ANY BONA FIDE
COMPLAINT BY A TENANT TO THE EXECUTIVE DIRECTOR OR ANY
OTHER COUNTY DEPARTMENT ADMINISTERING OR ENFORCING THE
PROVISIONS OF THIS CHAPTER, ANY ATTEMPT BY THE
LANDLORD TO EVICT SUCH TENANT EXCEPT FOR NONPAYMENT OF
RENT SHALL BE REBUTTABLY PRESUMED TO BE A RETALIATORY
EVICTION UNDER THE TERMS OF THIS CHAPTER.

93A-40. COMMISSION HEARING.

WHEN A HEARING BEFORE THE COMMISSION DEALS WITH A
CONTROVERSY ARISING UNDER THE PROVISIONS OF THIS
ARTICLE, THE COMMISSION SHALL SERVE UPON THE PERSON
AGAINST WHOM A COMPLAINT HAS BEEN FILED (DESIGNATED AS
THE "RESPONDENT") A SUMMONS AND A STATEMENT OF CHARGES
AND SHALL SERVE UPON ALL INTERESTED PARTIES A NOTICE
OF THE TIME AND PLACE OF HEARING. THE RESPONDENT OR
HIS AUTHORIZED REPRESENTATIVE MAY FILE SUCH STATEMENTS
WITH THE COMMISSION PRIOR TO THE HEARING DATE AS HE
DEEMS NECESSARY IN SUPPORT OF HIS POSITION. THE
HEARING SHALL BE OPEN TO THE PUBLIC, EXCEPT THAT
EITHER THE COMPLAINING PARTY OR THE RESPONDENT MAY
BEQUEST, IN WRITING, A PRIVATE HEARING, WHICH MAY BE
GRANTED AT THE DISCRETION OF THE COMMISSION. THE
COMMISSION SHALL HAVE THE POWER TO SUMMON ALL
WITNESSES IT DEEMS NECESSARY. THE HEARING SHALL BE
HELD NOT LESS THAN SEVEN (7) DAYS AND NOT MORE THAN
THIRTY (30) DAYS AFTER SERVICE OF THE STATEMENT OF
CHARGES AND SUMMONS. THE SUMMONS SO ISSUED MUST BE
SIGNED BY THE CHAIRMAN OF THE COMMISSION OR HIS
DESIGNEE AND SHALL REQUIRE THE ATTENDANCE OF NAMED
PERSONS AND THE PRODUCTION OF RELEVANT DOCUMENTS AND
RECORDS. FAILURE TO COMPLY WITH A SUMMONS SHALL
CONSTITUTE A VIOLATION OF THIS CHAPTER. THE
COMPLAINING PARTY OR PARTIES AND THE RESPONDENT MAY,
AT THEIR OPTION, APPEAR BEFORE THE COMMISSION IN
PERSON OR BY DULY AUTHORIZED REPRESENTATIVE AND MAY
HAVE THE ASSISTANCE OF AN ATTORNEY. THE PARTIES MAY
PRESENT TESTIMONY AND EVIDENCE WHICH SHALL BE GIVEN
UNDER OATH OR BY AFFIRMATION. THE COMMISSION SHALL
KEEP A FULL RECORD OF THE HEARING, WHICH RECORD, IF