A. The tenant may assert that there exists upon the leased premises, acondition or conditions which constitute a material noncompliance by thelandlord with the rental agreement or with provisions of law, or which if notpromptly corrected, will constitute a fire hazard or serious threat to thelife, health or safety of occupants thereof, including but not limited to, alack of heat or hot or cold running water, except if the tenant isresponsible for payment of the utility charge and where the lack of such heator hot or cold running water is the direct result of the tenant's failure topay the utility charge; or of light, electricity or adequate sewage disposalfacilities; or an infestation of rodents, except if the property is aone-family dwelling; or of the existence of paint containing lead pigment onsurfaces within the dwelling, provided that the landlord has notice of suchpaint. The tenant may file such an assertion in a general district courtwherein the premises are located by a declaration setting forth suchassertion and asking for one or more forms of relief as provided for insubsection C.
B. Prior to the granting of any relief, the tenant shall show to thesatisfaction of the court that:
1. Prior to the commencement of the action the landlord was served a writtennotice by the tenant of the conditions described in subsection A, or wasnotified of such conditions by a violation or condemnation notice from anappropriate state or municipal agency, and that the landlord has refused, orhaving a reasonable opportunity to do so, has failed to remedy the same. Forthe purposes of this subsection, what period of time shall be deemed to beunreasonable delay is left to the discretion of the court except that thereshall be a rebuttable presumption that a period in excess of thirty days fromreceipt of the notification by the landlord is unreasonable;
2. The tenant has paid into court the amount of rent called for under therental agreement, within five days of the date due thereunder, unless oruntil such amount is modified by subsequent order of the court under thischapter; and
3. It shall be sufficient answer or rejoinder to such a declaration if thelandlord establishes to the satisfaction of the court that the conditionsalleged by the tenant do not in fact exist, or such conditions have beenremoved or remedied, or such conditions have been caused by the tenant ormembers of his family or his or their invitees or licensees, or the tenanthas unreasonably refused entry to the landlord to the premises for thepurpose of correcting such conditions.
C. Any court shall make findings of fact on the issues before it and shallissue any order that may be required. Such an order may include, but is notlimited to, any one or more of the following:
1. Terminating the rental agreement or ordering the premises surrendered tothe landlord;
2. Ordering all moneys already accumulated in escrow disbursed to thelandlord or to the tenant in accordance with this chapter;
3. Ordering that the escrow be continued until the conditions causing thecomplaint are remedied;
4. Ordering that the amount of rent, whether paid into the escrow account orpaid to the landlord, be abated as determined by the court in such an amountas may be equitable to represent the existence of the condition or conditionsfound by the court to exist. In all cases where the court deems that thetenant is entitled to relief under this chapter, the burden shall be upon thelandlord to show cause why there should not be an abatement of rent;
5. Ordering any amount of moneys accumulated in escrow disbursed to thetenant where the landlord refuses to make repairs after a reasonable time orto the landlord or to a contractor chosen by the landlord in order to makerepairs or to otherwise remedy the condition. In either case, the court shallin its order insure that moneys thus disbursed will be in fact used for thepurpose of making repairs or effecting a remedy;
6. Referring any matter before the court to the proper state or municipalagency for investigation and report and granting a continuance of the actionor complaint pending receipt of such investigation and report. When such acontinuance is granted, the tenant shall deposit with the court rents withinfive days of date due under the rental agreement, subject to any abatementunder this section, which become due during the period of the continuance, tobe held by the court pending its further order;
7. In its discretion, ordering escrow funds disbursed to pay a mortgage onthe property in order to stay a foreclosure;
8. In its discretion, ordering escrow funds disbursed to pay a creditor toprevent or satisfy a bill to enforce a mechanic's or materialman's lien.
Notwithstanding any provision of this subsection, where an escrow account isestablished by the court and the condition or conditions are not fullyremedied within six months of the establishment of such account, and thelandlord has not made reasonable attempts to remedy the condition, the courtshall award all moneys accumulated in escrow to the tenant. In such event,the escrow shall not be terminated, but shall begin upon a new six-monthperiod with the same result if, at the end thereof, the condition orconditions have not been remedied.
D. The initial hearing on the tenant's assertion filed pursuant to subsectionA shall be held within fifteen calendar days from the date of service ofprocess on the landlord as authorized by § 55-248.12, except that the courtshall order an earlier hearing where emergency conditions are alleged toexist upon the premises, such as failure of heat in winter, lack of adequatesewage facilities or any other condition which constitutes an immediatethreat to the health or safety of the inhabitants of the leased premises. Thecourt, on motion of either party or on its own motion, may hold hearingssubsequent to the initial proceeding in order to further determine the rightsand obligations of the parties. Distribution of escrow moneys may only occurby order of the court after a hearing of which both parties are given noticeas required by law or upon motion of both the landlord and tenant or uponcertification by the appropriate inspector that the work required by thecourt to be done has been satisfactorily completed. If the tenant proceedsunder this subsection, he may not proceed under any other section of thisarticle as to that breach.
A. The tenant may assert that there exists upon the leased premises, acondition or conditions which constitute a material noncompliance by thelandlord with the rental agreement or with provisions of law, or which if notpromptly corrected, will constitute a fire hazard or serious threat to thelife, health or safety of occupants thereof, including but not limited to, alack of heat or hot or cold running water, except if the tenant isresponsible for payment of the utility charge and where the lack of such heator hot or cold running water is the direct result of the tenant's failure topay the utility charge; or of light, electricity or adequate sewage disposalfacilities; or an infestation of rodents, except if the property is aone-family dwelling; or of the existence of paint containing lead pigment onsurfaces within the dwelling, provided that the landlord has notice of suchpaint. The tenant may file such an assertion in a general district courtwherein the premises are located by a declaration setting forth suchassertion and asking for one or more forms of relief as provided for insubsection C.
B. Prior to the granting of any relief, the tenant shall show to thesatisfaction of the court that:
1. Prior to the commencement of the action the landlord was served a writtennotice by the tenant of the conditions described in subsection A, or wasnotified of such conditions by a violation or condemnation notice from anappropriate state or municipal agency, and that the landlord has refused, orhaving a reasonable opportunity to do so, has failed to remedy the same. Forthe purposes of this subsection, what period of time shall be deemed to beunreasonable delay is left to the discretion of the court except that thereshall be a rebuttable presumption that a period in excess of thirty days fromreceipt of the notification by the landlord is unreasonable;
2. The tenant has paid into court the amount of rent called for under therental agreement, within five days of the date due thereunder, unless oruntil such amount is modified by subsequent order of the court under thischapter; and
3. It shall be sufficient answer or rejoinder to such a declaration if thelandlord establishes to the satisfaction of the court that the conditionsalleged by the tenant do not in fact exist, or such conditions have beenremoved or remedied, or such conditions have been caused by the tenant ormembers of his family or his or their invitees or licensees, or the tenanthas unreasonably refused entry to the landlord to the premises for thepurpose of correcting such conditions.
C. Any court shall make findings of fact on the issues before it and shallissue any order that may be required. Such an order may include, but is notlimited to, any one or more of the following:
1. Terminating the rental agreement or ordering the premises surrendered tothe landlord;
2. Ordering all moneys already accumulated in escrow disbursed to thelandlord or to the tenant in accordance with this chapter;
3. Ordering that the escrow be continued until the conditions causing thecomplaint are remedied;
4. Ordering that the amount of rent, whether paid into the escrow account orpaid to the landlord, be abated as determined by the court in such an amountas may be equitable to represent the existence of the condition or conditionsfound by the court to exist. In all cases where the court deems that thetenant is entitled to relief under this chapter, the burden shall be upon thelandlord to show cause why there should not be an abatement of rent;
5. Ordering any amount of moneys accumulated in escrow disbursed to thetenant where the landlord refuses to make repairs after a reasonable time orto the landlord or to a contractor chosen by the landlord in order to makerepairs or to otherwise remedy the condition. In either case, the court shallin its order insure that moneys thus disbursed will be in fact used for thepurpose of making repairs or effecting a remedy;
6. Referring any matter before the court to the proper state or municipalagency for investigation and report and granting a continuance of the actionor complaint pending receipt of such investigation and report. When such acontinuance is granted, the tenant shall deposit with the court rents withinfive days of date due under the rental agreement, subject to any abatementunder this section, which become due during the period of the continuance, tobe held by the court pending its further order;
7. In its discretion, ordering escrow funds disbursed to pay a mortgage onthe property in order to stay a foreclosure;
8. In its discretion, ordering escrow funds disbursed to pay a creditor toprevent or satisfy a bill to enforce a mechanic's or materialman's lien.
Notwithstanding any provision of this subsection, where an escrow account isestablished by the court and the condition or conditions are not fullyremedied within six months of the establishment of such account, and thelandlord has not made reasonable attempts to remedy the condition, the courtshall award all moneys accumulated in escrow to the tenant. In such event,the escrow shall not be terminated, but shall begin upon a new six-monthperiod with the same result if, at the end thereof, the condition orconditions have not been remedied.
D. The initial hearing on the tenant's assertion filed pursuant to subsectionA shall be held within fifteen calendar days from the date of service ofprocess on the landlord as authorized by § 55-248.12, except that the courtshall order an earlier hearing where emergency conditions are alleged toexist upon the premises, such as failure of heat in winter, lack of adequatesewage facilities or any other condition which constitutes an immediatethreat to the health or safety of the inhabitants of the leased premises. Thecourt, on motion of either party or on its own motion, may hold hearingssubsequent to the initial proceeding in order to further determine the rightsand obligations of the parties. Distribution of escrow moneys may only occurby order of the court after a hearing of which both parties are given noticeas required by law or upon motion of both the landlord and tenant or uponcertification by the appropriate inspector that the work required by thecourt to be done has been satisfactorily completed. If the tenant proceedsunder this subsection, he may not proceed under any other section of thisarticle as to that breach.
A. The tenant may assert that there exists upon the leased premises, acondition or conditions which constitute a material noncompliance by thelandlord with the rental agreement or with provisions of law, or which if notpromptly corrected, will constitute a fire hazard or serious threat to thelife, health or safety of occupants thereof, including but not limited to, alack of heat or hot or cold running water, except if the tenant isresponsible for payment of the utility charge and where the lack of such heator hot or cold running water is the direct result of the tenant's failure topay the utility charge; or of light, electricity or adequate sewage disposalfacilities; or an infestation of rodents, except if the property is aone-family dwelling; or of the existence of paint containing lead pigment onsurfaces within the dwelling, provided that the landlord has notice of suchpaint. The tenant may file such an assertion in a general district courtwherein the premises are located by a declaration setting forth suchassertion and asking for one or more forms of relief as provided for insubsection C.
B. Prior to the granting of any relief, the tenant shall show to thesatisfaction of the court that:
1. Prior to the commencement of the action the landlord was served a writtennotice by the tenant of the conditions described in subsection A, or wasnotified of such conditions by a violation or condemnation notice from anappropriate state or municipal agency, and that the landlord has refused, orhaving a reasonable opportunity to do so, has failed to remedy the same. Forthe purposes of this subsection, what period of time shall be deemed to beunreasonable delay is left to the discretion of the court except that thereshall be a rebuttable presumption that a period in excess of thirty days fromreceipt of the notification by the landlord is unreasonable;
2. The tenant has paid into court the amount of rent called for under therental agreement, within five days of the date due thereunder, unless oruntil such amount is modified by subsequent order of the court under thischapter; and
3. It shall be sufficient answer or rejoinder to such a declaration if thelandlord establishes to the satisfaction of the court that the conditionsalleged by the tenant do not in fact exist, or such conditions have beenremoved or remedied, or such conditions have been caused by the tenant ormembers of his family or his or their invitees or licensees, or the tenanthas unreasonably refused entry to the landlord to the premises for thepurpose of correcting such conditions.
C. Any court shall make findings of fact on the issues before it and shallissue any order that may be required. Such an order may include, but is notlimited to, any one or more of the following:
1. Terminating the rental agreement or ordering the premises surrendered tothe landlord;
2. Ordering all moneys already accumulated in escrow disbursed to thelandlord or to the tenant in accordance with this chapter;
3. Ordering that the escrow be continued until the conditions causing thecomplaint are remedied;
4. Ordering that the amount of rent, whether paid into the escrow account orpaid to the landlord, be abated as determined by the court in such an amountas may be equitable to represent the existence of the condition or conditionsfound by the court to exist. In all cases where the court deems that thetenant is entitled to relief under this chapter, the burden shall be upon thelandlord to show cause why there should not be an abatement of rent;
5. Ordering any amount of moneys accumulated in escrow disbursed to thetenant where the landlord refuses to make repairs after a reasonable time orto the landlord or to a contractor chosen by the landlord in order to makerepairs or to otherwise remedy the condition. In either case, the court shallin its order insure that moneys thus disbursed will be in fact used for thepurpose of making repairs or effecting a remedy;
6. Referring any matter before the court to the proper state or municipalagency for investigation and report and granting a continuance of the actionor complaint pending receipt of such investigation and report. When such acontinuance is granted, the tenant shall deposit with the court rents withinfive days of date due under the rental agreement, subject to any abatementunder this section, which become due during the period of the continuance, tobe held by the court pending its further order;
7. In its discretion, ordering escrow funds disbursed to pay a mortgage onthe property in order to stay a foreclosure;
8. In its discretion, ordering escrow funds disbursed to pay a creditor toprevent or satisfy a bill to enforce a mechanic's or materialman's lien.
Notwithstanding any provision of this subsection, where an escrow account isestablished by the court and the condition or conditions are not fullyremedied within six months of the establishment of such account, and thelandlord has not made reasonable attempts to remedy the condition, the courtshall award all moneys accumulated in escrow to the tenant. In such event,the escrow shall not be terminated, but shall begin upon a new six-monthperiod with the same result if, at the end thereof, the condition orconditions have not been remedied.
D. The initial hearing on the tenant's assertion filed pursuant to subsectionA shall be held within fifteen calendar days from the date of service ofprocess on the landlord as authorized by § 55-248.12, except that the courtshall order an earlier hearing where emergency conditions are alleged toexist upon the premises, such as failure of heat in winter, lack of adequatesewage facilities or any other condition which constitutes an immediatethreat to the health or safety of the inhabitants of the leased premises. Thecourt, on motion of either party or on its own motion, may hold hearingssubsequent to the initial proceeding in order to further determine the rightsand obligations of the parties. Distribution of escrow moneys may only occurby order of the court after a hearing of which both parties are given noticeas required by law or upon motion of both the landlord and tenant or uponcertification by the appropriate inspector that the work required by thecourt to be done has been satisfactorily completed. If the tenant proceedsunder this subsection, he may not proceed under any other section of thisarticle as to that breach.
