It is found and declared that there exist in the City of Baltimore structures used for human habitation which are, or may become in the future, substandard with respect to structure, equipment or maintenance; and that such conditions constitute a menace to the health, safety, welfare and reasonable comfort of its citizens. 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. 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. 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. The sanctions are intended to protect the life, health and safety of tenants and are not to be used to have premises redecorated or to have minor code violations corrected. It is also not the intention that such sanctions be used by either landlords or tenants as a means of harassment. Where property situated in the City of Baltimore is leased for the purpose of human habitation, the tenant of such property may assert that there exists upon the leased premises, or upon the property used in common of which the leased premises form a part, a condition or conditions which constitute, or if not promptly corrected, will constitute a fire hazard or serious threat to the life, health, or safety of occupants thereof, including but not limited to, a lack of heat or of hot or cold running water (except if the property is a one-family dwelling or a multiple dwelling where the tenant is responsible for payment of the water charge and where the lack of such water is the direct result of the tenant’s failure to pay the water charge) or of light or of electricity or of adequate sewage disposal facilities or an infestation of rodents (except if the property is a one-family dwelling) or of the existence of paint containing lead pigment on surfaces within the dwelling, provided that the landlord has notice of the painted surfaces, and if such condition would be in violation of the Baltimore City Housing Code. The assertion described in subsection (b), above, may be made:on the initiative of the tenant by his filing in District Court in Baltimore City a declaration setting forth such assertion and praying for one or more forms of relief as enumerated in subsection (f) below, or by the tenant as a defense in answer to an action of distress for rent or in any complaint proceeding brought by a landlord to recover rent or the possession of leased premises for nonpayment of rent (including a proceeding brought under <cite data-path="9|§9-2">Section 9-2</cite> hereof). The assertion by the tenant, whether made by complaint or answer, shall be conditioned upon the following:Prior to the commencement of the action by the tenant or by the landlord, the landlord or his agent was notified in writing by certified mail (return receipt) of the condition or conditions described in subsection (b), above, or was notified of such condition or conditions by a violation or condemnation notice from an appropriate State or municipal agency, or received actual notice of the defects or conditions, but that the landlord has refused, or having a reasonable opportunity to do so, has failed to remedy the same. For the purposes of this subsection, what period of time shall be deemed to be unreasonable delay is left to the discretion of the court except that there shall be a rebuttable presumption that a period in excess of thirty (30) days from receipt of the notification by the landlord is unreasonable; and 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. The court has entered against the tenant not more than five judgments of restitution for rent due and unpaid in the year immediately prior to the initiation of the action by the tenant or by the landlord. If the tenant has lived on the premises six months or less and the court has entered against the tenant three judgments of restitution for rent due and unpaid, the tenant shall not be entitled to make an assertion against the landlord as described in <cite data-path="9|§9-9|(b)">subsection (b) of this section</cite>. It shall be sufficient answer or rejoinder to such a declaration or defense if the landlord establishes to the satisfaction of the court thatthe notice requirement as set forth in subsection (d)(1) has not been met, or the condition or conditions alleged by the tenant do not in fact exist, or such condition or conditions have been removed or remedied, or such condition or conditions have been caused by the tenant or members of his family or his or their invitees or assignees, or the tenant has unreasonably refused entry or unreasonably failed to make arrangements to be home for the entry to the landlord or his agent to the premises for the purpose of correcting such condition or conditions. The court shall make findings of fact on the issues before it and shall make any order that the justice of the case may require. Such an order may include, but is not limited to, any one or more of the following:Termination of the lease or ordering the premises surrendered to the landlord. Ordering all monies already accumulated in escrow disbursed to the landlord or to the tenant in accordance with subsections (f)(4), (f)(5), or (g). Ordering that the escrow be continued until the complained-of condition or conditions be remedied. Ordering that the amount of rent, whether paid into the escrow account or paid to the landlord, be abated as determined by the court in such an amount as may be equitable to represent the existence of the condition or conditions found by the court to exist. In all such cases where the court deems that the tenant is entitled to relief under this Act, the burden shall be upon the landlord to show cause why there should not be an abatement of the rent. Ordering any amount of monies accumulated in escrow disbursed to the tenant (where the landlord refuses to make repairs after a reasonable time) or to the landlord or to a contractor chosen by the landlord in order to make repairs or to otherwise remedy the condition. In either case, the court shall make an order to insure that monies thus disbursed will be in fact used for the purpose of making repairs or effecting a remedy. Referring any matter before the court to the proper State or municipal agency for investigation and report and granting a continuance of the action or complaint pending receipt of such investigation and report. When such a continuance is granted, the tenant shall deposit with the court rents, subject to any abatement under subsection (f)(4), above, which become due during the period of the continuance to be held by the court pending its further order; or In its discretion, ordering escrow funds disbursed to pay a mortgage on the property in order to stay a foreclosure. Order the landlord to make the repairs or correct the conditions complained of by the tenant and found by the court to exist.Notwithstanding any provision of subsection (f), above, where an escrow account is established by the court and the condition or conditions are not fully remedied within six months of the establishment of such account, and the landlord has not made reasonable attempts to remedy the condition, the court shall award all monies accumulated in escrow shall be disbursed to the tenant. In such event, the escrow shall not be terminated, but shall begin upon a new six month period with the same result if, at the end thereof, the condition or conditions have not been remedied. The initial hearing must be held within fifteen (15) calendar days from the posting by the court of notification of the hearing as provided in paragraph (j), except that the court shall order an earlier hearing where emergency conditions are alleged to exist upon the premises such as, failure of heat in winter, lack of adequate sewage facilities or any other condition which constitutes an immediate threat to the health or safety of the inhabitants of the leased premises. The court, on motion of either party or on its own motion, may hold hearings subsequent to the initial proceeding in order to further determine the rights and obligations of the parties. Distribution of escrow monies may only occur by order of the court after a hearing after both parties are given reasonable notice or upon motion of both the landlord and tenant or upon certification by the housing inspector that the work required by the court to be done has been satisfactorily completed. In the case of all motions and other papers requiring a hearing thereon, the court shall notify by certified mail (return receipt) the opposite party, and all other persons required to be notified, stating the date, time and purpose of the hearing. Refusal by a party to accept such notification or his unreasonable delay in accepting it shall not bar any remedy to which the opposite party may otherwise be entitled. No tenant shall be subject to an increase in rent, eviction from the premises or decrease in services which by law are required to be provided by the landlord, for a period of six months following determination of the merits of the case by the court, unless the court finds that the complaint or defense by the tenant has not been raised in good faith, or unless the court finds that the rent has been increased or the tenant evicted for good cause. After a period of six months following the determination of the merits of the initial case by the court, the burden of proof shall be on the tenant.Failure of the tenant to raise the complaint or defense in good faith is not equivalent to failure to raise the complaint or defense successfully. To raise the complaint or defense in good faith, the tenant must have to have had the reasonable expectation that such complaint or defense would be successful under this Act. Good cause to evict or to raise the rent includes a finding that:the condition or conditions which formed the basis of the tenant’s complaint or defense were caused by an act or omission of the tenant or members of his family or his invitees or assignees, but such acts or omissions are beyond those which constitute ordinary wear and tear; or the landlord seeks in good faith to recover possession of the property for his immediate personal use as a dwelling; or the landlord has contracted in good faith and in writing, to sell the property for immediate personal use and occupancy as a dwelling by the purchaser; or the landlord must increase the rent due to a substantial increase in taxes or a substantial increase in maintenance or operating costs not associated with the condition or conditions asserted in any proceeding under this Act; or The landlord has completed a substantial capital improvement of the leased premises or the property of which the leased premises are a part and which improvement benefits the leased premises, but that such improvement is not associated with the condition or conditions asserted in any proceeding under this Act. The provisions of this subsection (subsection (k)) shall apply also to a tenant who in good faith reports a potential housing code violation to the appropriate State or municipal agency regardless of his intent to proceed under any other portion of this Act except that no landlord shall be bound not to increase the rent of such a tenant in excess of six (6) months following the determination of the merits of the initial case by the court. Nothing in this subsection shall alter the landlord’s or tenant’s right to terminate or not renew a written lease for one year or longer under the forms contained therein; provided, however, that such written lease shall not be used to defeat the intent and provisions of this Act. A landlord may repossess his premises after giving a proper sixty-day notice to the tenant of the landlord’s desire to repossess the premises provided that the landlord, in good faith, intends to raze or board up his premises and intends to obtain a permit to do so. Any provision of a lease or other agreement whereby any provision of this Act for the benefit of a tenant, resident or occupant of a dwelling is waived shall be deemed to be against public policy and shall be void. This Act shall also apply to any residential premises located in Baltimore City leased by an agency of the State of Maryland or the City of Baltimore. P.L.L., 1969, §9-9 1968, ch 459 1971, ch. 687 1979, ch. 455 1986, ch. 557 1988, ch. 488 1989, ch. 813