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House Bill 1091

Introduced House Bill (H)

DIGEST

Affirmative defenses in eviction actions. Allows a tenant or a member of a tenant's household to establish an affirmative defense to an action brought by a landlord to evict the tenant or the member of a tenant's household from a rental premises if the tenant or member of a tenant's household presents evidence that the landlord's action is substantially in response to the tenant or the member of a tenant's household engaging in or causing the occurrence of at least one of the following acts within 12 months before the date the landlord brought the action: (1) Making a good Affirmative defenses in eviction actions. Allows a tenant or a member of a tenant's household to establish an affirmative defense to an action brought by a landlord to evict the tenant or the member of a tenant's household from a rental premises if the tenant or member of a tenant's household presents evidence that the landlord's action is substantially in response to the tenant or the member of a tenant's household engaging in or causing the occurrence of at least one of the following acts within 12 months before the date the landlord brought the action: (1) Making a good faith complaint or request for repairs concerning conditions or defects in the rental premises that the landlord is obligated to repair or maintain. (2) Making a good faith complaint to a government entity concerning the landlord's alleged violation of a health or safety law or any other regulation, code, ordinance, or state or federal law that regulates rental premises. (3) Causing a government entity to issue a formal complaint to a landlord concerning the rental premises rented by a tenant. (4) Making a good faith attempt to exercise, secure, or enforce any rights existing under a valid lease or rental agreement or state or federal law. (5) Making a good faith attempt to organize, join, or otherwise become involved with an organization promoting or enforcing the rights of tenants. Provides that a landlord may prevail in an eviction action under certain circumstances even if an affirmative defense is established. ... View more