MARVIN MANDEL, Governor                              3503

ELECTRICITY IS THE DIRECT RESULT OF THE TENANT'S FAILURE
TO PAY THE WATER AND ELECTRIC CHARGES.

(5) "REASONABLE TIME" MEANS THAT PERIOD OF

TIME, AFTER NOTIFICATION, WHICH IS REQUIRED TO RESTORE A
DWELLING TO A STATE FIT FOR HUMAN HABITATION IF THE
LANDLORD PURSUES THE WORK OF RESTORATION WITH DILIGENCE
AND WITHOUT CULPABLE DELAY. WHERE THERE IS A DISPUTE
BETWEEN THE LANDLORD AND THE TENANT AS TO WHAT IS A

REASONABLE TIME IN A PARTICULAR INSTANCE, IT SHALL BE

DETERMINED AS A FACT IN ANY LEGAL PROCEEDING IN WHICH IT
IS AN ISSUE.

(B) THE WARRANTY OF HABITABILITY PROVIDED IN
SECTION 9-14.1 IS A CONTINUING WARRANTY,, AND THE TENANT
MAY MAINTAIN AN ACTION FOR BREACH OF THIS WARRANTY, AT
ANY TIME DURING THE TENANCY, IF THE DWELLING BECOMES
UNFIT FOR HUMAN HABITATION. AN ACTION FOR BREACH OF THIS
WARRANTY MAY ALSO BE MAINTAINED AS A DEFENSE IN AN ACTION
OF SUMMARY EJECTMENT OR DISTRESS FOR RENT.

(C) NO ACTION FOR BREACH OF WARRANTY MAY BE
MAINTAINED UNLESS THE LANDLORD HAS NOTICE OR KNOWLEDGE OF
THE CONDITIONS WHICH CONSTITUTE THE ALLEGED BREACH OF THE
WARRANTY OF HABITABILITY. THE LANDLORD HAS A REASONABLE
TIME AFTER NOTIFICATION TO REPAIR THE DEFECT OR DAMAGE
ALLEGED BY THE TENANT EXCEPT THAT THERE SHOULD BE A
REBUTTABLE PRESUMPTION THAT A PERIOD IN EXCESS OF 30 DAYS
BY THE LANDLORD WOULD BE UNREASONABLE. UPON COMPLETION
OF THE REPAIRS, THE LANDLORD SHALL NOTIFY THE TENANT OR
THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT IN
WRITING.

(D)    THE TENANT MAY MAINTAIN A DEFENSE BASED ON
THIS SECTION TO THE LANDLORD'S ACTION IN SUMMARY
EJECTMENT OR DISTRESS FOR RENT. DAMAGES SHALL BE
COMPUTED RETROACTIVELY TO THE DATE OF THE LANDLORD'S
ACTUAL KNOWLEDGE OF THE BREACH OF WARRANTY AND SHALL BE
THE AMOUNT OF RENT PAID OR OWED BY THE TENANT DURING THE
TIME OF THE BREACH LESS THE REASONABLE RENTAL VALUE OF
THE DWELLING IN ITS DETERIORATED CONDITION.

(E)    THE LANDLORD IS NOT RESPONSIBLE FOR ANY DEFECT
OR DAMAGE CAUSED BY THE TENANT , A MEMBER OF HIS FAMILY,
OR HIS VISITORS WHICH CONTRIBUTES TO THE UNINHABITABILITY
OF THE DWELLING; IN THIS INSTANCE THE TENANT SHALL BEAR
THE COST OF REPAIR AND THE COST SHALL BE COLLECTED AS
RENT.