§209-9  Rental or sale of essential
commodities during a state disaster; prohibition against price increases. 
(a)  Whenever the governor declares a state disaster for the entire State or
any portion thereof, or when the State, or any portion thereof, is the subject
of a severe weather warning:



(1)  There shall be prohibited any increase in the
selling price of any commodity, whether at the retail or wholesale level, in
the area that is the subject of the disaster declaration or the severe weather
warning; and



(2)  No landlord shall terminate any tenancy for a
residential dwelling unit in the area that is the subject of a disaster
declaration or a severe weather warning, except for a breach of a material term
of a rental agreement or lease, or if the unit is unfit for occupancy as
defined in this chapter, provided that:



(A)  Nothing in this chapter shall be construed
to extend a fixed term lease beyond its termination date, except that a
periodic tenancy for a residential dwelling unit may be terminated by the
landlord upon forty-five days written notice:



(i)  When the residential dwelling unit is sold
to a bona fide purchaser for value; or



(ii)  When the landlord or an immediate family
member of the landlord will occupy the residential dwelling unit; or



(B)  Under a fixed term lease or a periodic
tenancy, upon forty-five days written notice, a landlord may require a tenant
or tenants to relocate during the actual and continuous period of any repair to
render a residential dwelling unit fit for occupancy provided that:



(i)  Reoccupancy shall first be offered to the
same tenant or tenants upon completion of the repair; and



(ii)  The term of the fixed term lease or
periodic tenancy shall be extended by a period of time equal to the duration of
the repair; and



(iii)  It shall be the responsibility of the
tenant or tenants to find other accommodations during the period of repair.



As used in this section, "breach of a
material term" means the failure of a party to perform an obligation under
the rental agreement which constitutes the consideration for entering into the
contract and includes the failure to make a timely payment of rent.  For the
purpose of this subsection:



"Fixed term lease" means a lease for
real property that specifies its beginning date and its termination date as
calendar dates, or contains a formula for determining the beginning and
termination dates; and the application of the formula as of the date of the
agreement will produce a calendar date for the beginning and termination of the
lease.



"Periodic tenancy" means a tenancy
wherein real property is leased for an indefinite time with monthly or other
periodic rent reserved.  A periodic tenancy may be created by express agreement
of the parties, or by implication upon the expiration of a fixed term lease
when neither landlord nor tenant provides the other with written notice of
termination and the tenant retains possession of the premises for any period of
time after the expiration of the original term.



"Unfit for occupancy" means that a
residential dwelling unit has been damaged to the extent that the appropriate
county agency determines that the unit creates a dangerous or unsanitary
situation and is dangerous to the occupants or to the neighborhood.



(b)  Notwithstanding this section, any
additional operating expenses incurred by the seller or landlord because of the
state disaster, and which can be documented, may be passed on to the consumer. 
In the case of a residential dwelling unit, if rent increases are contained in
a written instrument which was signed by the tenant prior to the disaster
declaration or severe weather warning, the increases may take place pursuant to
the written instrument.



(c)  The prohibitions under subsection (a)
shall remain in effect until twenty-four hours after the severe weather warning
is canceled by the National Weather Service; or in the event of a disaster
declaration, until the declaration is altered, amended, revised, or revoked by
the governor.



(d)  In any action against a merchant,
landlord, or other business for violation of the price limitations in this
section, the defendant shall be deemed not to have violated this section if the
defendant proves all of the following:



(1)  The violation of the price limitation was
unintentional;



(2)  The defendant voluntarily rolled back prices to
the appropriate level upon discovering that this section was or may have been
violated; and



(3)  The defendant has instituted a restitution
program for all consumers who may have paid excessive prices.



(e)  Any violation of this section shall
constitute unfair methods of competition and unfair and deceptive acts or
practices in the conduct of any trade [or] commerce under section 480-2 and
shall be subject to a civil penalty as provided in section 480-3.1.  Each item
sold at a price that is prohibited by this section shall constitute a separate
violation. [L 1983, c 271, §1; am L 1993, c 333, §3; am L 1994, c 86, §1]