The bill amends the Housing Maintenance and Occupancy Code to establish a process for tenants to withhold rent in response to housing code violations. Specifically, upon the issuance of a second notice of violation by an enforcing officer from a state or local minimum housing code enforcement agency, tenants are required to pay all or part of the rent into an escrow account until the alleged violations are corrected. The amount deposited shall be equal to the rent the tenant may be due as an abatement for the landlord's failure to timely address the violations.
Additionally, the bill imposes a duty on landlords to notify tenants of any housing code violations within thirty days of receiving a notice from enforcement agencies. It also allows tenants to counterclaim for any amounts owed under the rental agreement in cases of nonpayment of rent, including claims related to the landlord's failure to correct violations. The bill emphasizes compliance with housing codes and provides mechanisms for tenants to seek recourse when landlords do not fulfill their obligations. This act would take effect upon passage.
Statutes affected: 5921: 45-24.3-17