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In American landlord–tenant law, a retaliatory eviction is a substantive defense and affirmative cause of action that can be used by a tenant against a landlord.If a tenant reports sanitary violations or violations of minimum housing standards, the landlord cannot evict the tenant in retaliation for reporting the poor housing conditions.
Oct. 13—A Manchester landlord and property manager have been charged with violating the Fair Housing Act by attempting to evict a tenant after a complaint was filed against them, according to ...
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The Topeka City Council on Tuesday added teeth to the city’s rules regarding retaliatory evictions. Council members voted 9-0 to approve an ordinance allowing for landlords to be fined and/or ...
Thus, it is illegal for a landlord to evict a tenant based on any of these characteristics. Additionally, landlords cannot evict tenants who have filed a fair housing complaint or discrimination lawsuit against them. [2] Tenants also have the right to report housing code violations without the risk of retaliatory evictions.
A landlord cannot evict a tenant in retaliation for reporting health and safety code violations. [17] A tenant can use retaliatory eviction as both an affirmative defense against an eviction and as a cause of action against a landlord. The defense of retaliatory eviction was first recognized in the D.C. Circuit case Edwards v. Habib.