MARVIN MANDEL, Governor                                 2191

(II) "LANDLORD" INCLUDED A MOBILE HOME

PARK OWNER OR OPERATOR.

(III) "TENANT" INCLUDES MOBILE HOME
DWELLER.

(2) NO LANDLORD SHALL EVICT A TENANT OF ANY
RESIDENTIAL PROPERTY OR ARBITRARILY INCREASE THE RENT OR
DECREASE THE SERVICES TO WHICH THE TENANT HAS BEEN
ENTITLED FOR ANY OF THE FOLLOWING REASONS:

(1)    SOLELY BECAUSE THE TENANT OR HIS AGENT HAS
FILED A WRITTEN COMPLAINT, OR COMPLAINTS, WITH THE
LANDLORD OR WITH ANY PUBLIC AGENCY OR AGENCIES AGAINST
THE LANDLORD; OR

(2)    SOLELY BECAUSE THE TENANT OR HIS AGENT HAS
FILED A LAW SUIT, OR LAW SUITS, AGAINST THE LANDLORD; OR

(3)    SOLELY BECAUSE THE TENANT IS A MEMBER OR
ORGANIZER OF ANY TENANTS' ORGANIZATION.

(B)    EVICTIONS DESCRIBED IN SUBSECTION (A) OF THIS
SECTION SHALL BE CALLED "RETALIATORY EVICTIONS".

(C)    IF IN ANY EVICTION PROCEEDING THE JUDGMENT BE
IN FAVOR OF THE TENANT FOR ANY OF THE AFOREMENTIONED
DEFENSES, THE COURT MAY ENTER JUDGMENT FOR REASONABLE
ATTORNEY FEES AND COURT COSTS AGAINST THE LANDLORD.

(D)    THE RELIEF PROVIDED UNDER THIS SECTION IS
CONDITIONED UPON:

(I) IN THE CASE OF TENANCIES MEASURED BY A PERIOD
OF ONE MONTH OR MORE, THE TENANT HAVING NOT RECEIVED MORE
THAN 3 SUMMONSES CONTAINING COPIES OF COMPLAINTS FILED BY
THE LANDLORD AGAINST THE TENANT FOR RENT DUE AND UNPAID
IN THE 12 MONTH PERIOD IMMEDIATELY PRIOR TO THE
INITIATION OF THE ACTION BY THE TENANT OR BY THE
LANDLORD.

(II) IN THE CASE OF PERIODIC TENANCIES MEASURED BY
THE WEEKLY PAYMENT OF RENT, THE TENANT HAVING NOT
RECEIVED MORE THAN 5 SUMMONSES CONTAINING COPIES OF
COMPLAINTS FILED BY THE LANDLORD AGAINST THE TENANT FOR
RENT DUE AND UNPAID IN THE 12 MONTH PERIOD IMMEDIATELY
PRIOR TO THE INITIATION OF THE ACTION BY THE TENANT OR BY
THE LANDLORD. OR, IF THE TENANT HAS LIVED ON THE PREMISES
6 MONTHS OR LESS, HAVING NOT RECEIVED 3 SUMMONSES WITH
COPIES OR COMPLAINTS FOR RENT DUE AND UNPAID.

(E) NO EVICTION SHALL BE DEEMED TO BE A
"RETALIATORY" EVICTION" FOR PURPOSES OF THIS SECTION UPON
THE EXPIRATION OF A PERIOD OF 6 MONTHS FOLLOWING THE