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Session Laws, 1999
Volume 796, Page 3588   View pdf image
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(3) [Solely] SUBSTANTIALLY 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 COURT FINDS IN FAVOR OF A
TENANT ON THE BASI
S OF ANY OF THE RETALIATORY EVICTION DEFENSES IN THIS
SUBSECTION, THEN, IF THE TENANT SO REQUESTS PRIOR TO THE ENTRY OF
JUDGMENT, THE COURT MAY ORDER THAT THE TENANT'S LEASE BE EXTENDED FOR
A PERIOD OF NOT LESS
THAN 6 MONTHS NOR MORE THAN 12 MONTHS FROM THE
THEN CURRENT TERMINATION DATE OF THE LEASE, UPON THE SAME TERMS AND
CONDITIONS AS EXI
STED AS OF THE DATE OF THE INITIATION OF THE EVICTION
PROCEEDING BY THE LANDLORD.

(D) (1) 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.

(2) IF IN ANY EVICTION PROCEEDING THE COURT FINDS THAT A
TENANTS ASSERTION OF A RETALIATORY EVICTION DEFENSE WAS FN BAD FAITH OR
WITHOUT SUBSTANTIAL JUSTIFICATION, THE COURT MAY ENTER JUDGMENT FOR
REASONABLE ATTORNEY FEES AND COURT COSTS AGAINST THE TENANT.

[(d)](E) The relief provided under this section is conditioned upon:

(1) In the case of tenancies measured by a period of one month or more,
the court having not entered against the tenant more than 3 judgments of possession
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.

(2) In the case of [periodic tenancies measured by] TENANCIES
REQUIRING the weekly payment of rent, the court having not entered against the
tenant more than 5 judgments of possession 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, the court having
not entered against the tenant 3 judgments of possession for rent due and unpaid.

[(e)] (F) 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 determination
of the merits of the initial case by a court (or administrative agency) of competent
jurisdiction.

[(f)] (G) Nothing in this section may be interpreted to alter the landlord's or
the tenant's rights [arising from breach of any provision of a lease, or either party's
right] to terminate or not renew a [lease pursuant to the terms of the lease or the
provisions of other applicable law] TENANCY GOVERNED BY A WRITTEN LEASE FOR A
STATED TERM OF GREATER THAN 1 MONTH AT THE EXPIRATION OF THE TERM OR AT
ANY OTHER TIME AS THE PARTIES MAY SPECIFICALLY AGREE.

 

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Session Laws, 1999
Volume 796, Page 3588   View pdf image
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