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Session Laws, 1979
Volume 737, Page 1297   View pdf image
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HARRY HUGHES, Governor

1297

such conditions constitute a menace to the health, safety,
welfare and reasonable comfort of its citizens.

(2)   It is further declared that in order to
assure that dwellings meet certain minimum requirements as
established by this act tenants must have the free,
unencumbered right of complaint to their landlords, the
courts and governmental agencies.

(3)   It is further declared that retaliation,
without cause, by landlords through eviction rental
increases or other action, and tenants' fear of such
retaliation, may have restricted the exercise of these
rights.

(4)   It is therefore declared that the interests
of public policy require that meaningful sanctions be
imposed upon those who would perpetrate or perpetuate such
conditions and that such retaliatory actions on the part of
landlords be proscribed. Such THE sanctions are intended to

protect the life, health and safety of tenants. [—and are

not to ] IT IS NOT THE INTENTION THAT SUCH SANCTIONS be

used to have premises redecorated [—or]; to have minor
code violations corrected[.] ; [—It is also not the
intention that such sanctions—5— be used by either landlords
or tenants as a means of harassment ; OR BE APPLIED—UNLESS

THE LANDLORD HAS RECEIVED NOTICE AS SET FORTH IN SUBSECTION

(D)(1) OF THIS SECTION.

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

(2) Payment by the tenant into court of the
amount of rent called for under the lease AT THE TIME OF ANY
ASSERTION OF RENT ESCROW, unless or until such amount is
modified by subsequent order of the court under subsection
(f)(4), below.

(e)   It shall be sufficient answer or rejoinder to such
a declaration or defense if the landlord establishes to the
satisfaction of the court that

(1) THE NOTICE REQUIREMENT AS SET FORTH IN
SUBSECTION (D)(1) HAS NOT BEEN MET, OR

[(1)] (2) The condition or conditions alleged by
the tenant do not in fact exist, or

[(2)] (3) Such condition or conditions have been
removed or remedied, or

[(3)] (4) Such condition or conditions have been
caused by the tenant or members of his family or his or
their invitees or assignees, or

 

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Session Laws, 1979
Volume 737, Page 1297   View pdf image
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