Sec. 34-151. - When tenant authorized to withhold rent.

A tenant shall be authorized to withhold the payment of rent when a notice has been issued by the commissioner of licenses and inspections to the owner or operator of a dwelling unit notifying such owner or operator:

(1)

That the dwelling unit or part thereof is in violation of this chapter, and directing the correction of the violation if, in the opinion of the commissioner, the violation is such as to constructively evict the tenant from a portion of the premises occupied by him; or

(2)

That the dwelling unit or part thereof is in violation of this chapter, and that such owner or operator has previously been subject to a notice from the department of licenses and inspections directing that such violation be corrected within a stated reasonable time, but that upon reinspection by such department after such reasonable time has elapsed, some or all of the violations have been found to be not corrected and in the opinion of the commissioner of licenses and inspections, such owner or operator has not made a reasonable effort to comply with such notice.

(Code 1968, § 34-34)

Sec. 34-152. - Tenant's affidavit.

(a)

A tenant or occupant of a dwelling unit which he believes to be in violation of this chapter and qualified under section 34-151 shall present to the department of licenses and inspections an affidavit containing the following information:

(1)

A description of the alleged violation and a reference to the applicable section of this chapter;

(2)

The name and address of the owner or operator of the premises and the name and the address of the person to whom rent is paid if other than the owner or operator; and

(3)

The date on which rent is due to be paid by the tenant, the amount of rent, and the rent period, i.e., weekly, monthly, etc.

(b)

In every case wherein this procedure is adopted the tenant shall be instructed by the commissioner of licenses and inspections as to his rights, remedies and responsibilities under this chapter.

(Code 1968, § 34-35)

Sec. 34-153. - Inspection of premises; order to correct or notice of existence, etc., of violations.

Within three working days of the receipt of an affidavit as provided for by section 34-152 and pursuant to section 34-151(1), the department of licenses and inspections shall inspect the dwelling unit described therein. Within three additional working days, six working days from the date of the receipt of the affidavit by such department, the commissioner of licenses and inspections shall issue an order directing the correction of violations which are found to exist on the premises and notifying the owner or operator that violations exist which are judged by the commissioner of licenses and inspections to constitute a constructive eviction of the tenant and that due to such constructive eviction such tenant has been authorized to withhold the payment of rent pursuant to section 34-151(1) and that such withheld rent shall be paid into an escrow fund to be disposed of as provided by section 34-158.

(Code 1968, § 34-36)

Sec. 34-154. - Reinspection of premises.

If upon reinspection of a dwelling unit after proper notice to the owner or operator and a reasonable compliance period, some or all of the violations cited in such notice have been found not corrected, and, if in the opinion of the commissioner of licenses and inspections, such owner or operator has not made a reasonable effort to comply with such notice, and, if a tenant or occupant has presented to the department of licenses and inspections an affidavit as provided for by section 34-152 and pursuant to section 34-151(2), the commissioner of licenses and inspections within three working days of the receipt of such affidavit shall issue an order to such owner or operator citing such uncorrected violations and such judgment of a lack of reasonable effort to comply, and further notifying the owner or operator that such tenant or occupant has been authorized to withhold the payment of rent pursuant to section 34-151(2) and that such withheld rent shall be paid into an escrow fund to be disposed of as provided by section 34-159.

(Code 1968, § 34-36.1)

Sec. 34-155. - Date withholding proceedings to begin.

The date of the notice or order issued by the commissioner of licenses and inspections following an inspection of the premises described in section 34-153 shall be the date upon which rent withholding proceedings shall begin as provided in the following sections of this division.

(Code 1968, § 34-37)

Sec. 34-156. - Payment of withheld rent to city.

The tenant or occupant shall withhold the rent due the owner or operator of the dwelling unit as authorized and provided by this division and shall pay the same when due to the city. Such tenant shall continue to make such rental payments to the city when due until such time as he is directed to discontinue such payments by the commissioner of licenses and inspections. Rent paid to the city shall be deposited in an escrow account and shall not be commingled with other funds of the city. There shall be no release of funds maintained in this account except upon order of the commissioner of licenses and inspections or a court of competent jurisdiction.

(Code 1968, § 34-38; Ord. No. 91-050, § 1(34-38), 8-1-91)

Sec. 34-157. - Failure to pay rent to city.

No landlord, owner, operator, firm, corporation or any agent, officer or employee thereof shall bring any proceeding to dispossess the tenant during the pendency of rent withholding proceeding under this division. However, if the tenant or occupant, after initiating a rent withholding proceeding, fails to pay the rent when due to the city, the owner or operator of such dwelling unit shall have such rights or remedies at law or in equity in the same manner as if this division did not exist. The commissioner or the tenant may initiate a prosecution in the municipal court of the city against any landlord, owner, operator, firm, corporation or any agent, officer or employee thereof who violates this section and the violator shall be subject to the penalties in accordance with section 34-37.

(Code 1968, § 34-38.1; Ord. No. 91-050, § 1, 8-1-91)

Sec. 34-158. - Using withheld rent to correct violations.

Whenever a dwelling unit has been subjected to rent withholding proceedings as authorized by section 34-151(1) due to a constructive eviction, the commissioner of licenses and inspections shall require the owner or operator of such dwelling unit to provide, within five working days of the notice of violations having become an order, reasonable assurances in writing and signed by such owner or operator that the violations cited in such notice will be corrected within the time allowed. In addition:

(1)

If the commissioner receives such reasonable assurances in writing and signed by the owner or operator, he shall allow such owner or operator to proceed with the necessary work; except, however, if the commissioner at any time during the period of time allowed has reasonable grounds to believe that such work is not proceeding in a timely manner, he may initiate the procedure for contracting out the necessary work as provided in this section. The department of licenses and inspections shall reinspect such dwelling unit within three days after the day by which such violations were ordered to be corrected. If and when such violations have been corrected and the dwelling unit is no longer in violation of this chapter and the rent deposited in escrow has not been forfeited under subsection (3) of this section, the commissioner of licenses and inspections shall order the release and payment of such rents deposited in escrow to the owner or operator without interest, except for such sums as may be due as fines and/or costs under this chapter. The tenant or occupant shall thereupon resume rent payments directly to the owner, operator or his agent. If upon reinspection the owner or operator is found to have failed to comply with the order issued by the commissioner of licenses and inspections, the commissioner may declare the premises unfit for human habitation as provided in this chapter or initiate prosecution in the municipal court, either or both. In any such case, the rent deposited with the city shall not be returned to the owner or operator until such time as the commissioner of licenses and inspections certifies to the city that the dwelling unit complies with the provisions of this chapter or has been demolished and that such withheld rent is not subject to the forfeiture under subsection (3) of this section nor to any fines and/or costs under this chapter.

(2)

If the commissioner does not receive such reasonable assurances in writing, signed by the owner or operator or, if having received such assurances, he determines at any time during the time allowed that there exist reasonable grounds to believe that such necessary work is not proceeding in a timely manner, he may, in his sole discretion and without the necessity of seeking the consent of the landlord, direct that the rent so collected by the city be used for the correction of any other violations. The commissioner of licenses and inspections shall make a request of the procurement division to receive bids from qualified city-licensed contractors. The procurement division of the department of finance shall award the contract to the successful bidder. Notwithstanding the provision of this chapter that the tenant or occupant shall have the withheld rent in the escrow fund forfeited to him if he vacates the dwelling unit due to the constructive eviction, failure to so vacate before the signing of a contract between the city and such successful bidder shall waive the right of such tenant or occupant to such forfeiture. Any cost of the work contracted which exceeds the moneys collected shall be paid by the city which then shall recover such payments by continuing to collect rent from the tenant until all such costs shall have been recovered. If for any reason the costs cannot be thus recovered, the city shall have a right of action in debt or assumpsit against the owner or operator personally.

(3)

Any violations not noted by the commissioner or his authorized representative at the time of the original inspection and which in the opinion of the commissioner or his authorized representative have resulted from tenant abuse or misuse shall not be the responsibility of the landlord.

(4)

Any work approved by the commissioner of licenses and inspections to be done according to the above procedures shall not be interrupted or interfered with by the owner or operator in any way whatsoever. If, however, the owner or operator completes the specified work prior to commencement of work by the contractor and such work is completed to the satisfaction of the commissioner, he shall be responsible only for a $25.00 charge to reinstate his occupancy permit; except, that he shall also be liable for any violations of this chapter.

(5)

After the completion of the corrections, the landlord shall permit the tenant to remain on the premises at the original rental amount for at least six months; provided, however, that the tenant abides by his obligations and responsibilities as to the rent and reasonable care of the premises.

(Code 1968, § 34-39; Ord. No. 91-050, § 1, 8-1-91)

Sec. 34-159. - Contract for repairs.

(a)

Whenever a dwelling unit has been subjected to rent withholding proceedings as authorized by section 34-151(2) due to lack of reasonable effort by the owner or operator to comply with a violation notice, the commissioner of licenses and inspections in his sole discretion and without the necessity of seeking consent of the landlord may immediately direct the rent so collected by the city toward the correction of any of the violations. The commissioner of licenses and inspections shall make a request of the procurement division to receive bids from qualified city-licensed contractors. The procurement division of the department of finance shall award the contract to the successful bidder. Any cost of the work contracted for which exceeds the moneys collected shall be paid by the city which shall recover for such payments by continuing to collect rent from the tenant until all such costs have been recovered. If for any reason the costs cannot thus be recovered, the department of finance shall have a right of action in debt or assumpsit against the owner or operator personally.

(b)

Any violations not noted by the commissioner or his authorized representative at the time of the original inspection and which in the opinion of the commissioner or his authorized representative have resulted from tenant abuse or misuse shall not be the responsibility of the landlord.

(c)

Any work approved by the commissioner of licenses and inspections to be done according to the above procedures shall not be interrupted or interfered with by the owner or operator in any way whatsoever. If, however, the owner or operator completes the specified work prior to commencement of work by the contractor and such work is completed to the satisfaction of the commissioner, he shall be responsible only for a $25.00 charge to reinstate his occupancy permit; except, that he shall also be liable for any violations of this chapter. After completion of the corrections, the landlord shall permit the tenant to remain on the premises at the original rental for at least six months; provided, however, the tenants abide by all the tenant's obligations and responsibilities as to rent and reasonable care of the premises.

(Code 1968, § 34-39.1; Ord. No. 91-050, § 1, 8-1-91)

Sec. 34-160. - Forfeiture of withheld rent.

Whenever a dwelling, dwelling unit, rooming house or hotel has been subjected to rental withholding proceedings as authorized by this chapter and the owner or operator has failed to correct violations of this chapter; and the owner or operator responsible for compliance with the provisions of this chapter enters into a contract for the sale of the real estate or permits the lease to expire or voluntarily demolishes the structure; or the commissioner of licenses and inspections orders the structure to be demolished because of its unsafe condition; or the tenant or occupant vacates the structure due to a constructive eviction found by the commissioner of licenses and inspections under section 34-151(2); the withheld rents in the possession of the city shall be paid to the tenant or occupant of the premises upon the order of the commissioner of licenses and inspections or of a court of competent jurisdiction. The person receiving such forfeiture payment shall present a receipt or other written proof demonstrating that such person is entitled to receive the withheld rents.

(Code 1968, § 34-39.2; Ord. No. 91-050, § 1, 8-1-91)

Sec. 34-161. - Termination of agreement; funds in escrow.

Whenever the commissioner of licenses and inspections shall determine that the rent withholding provisions of this division are no longer applicable to effect the work to be done, either by the owner, agent or operator, or that the repairs shall not or will not be made by the city, pursuant to section 34-158, the rent withholding agreement shall be terminated. Funds, if any, held in escrow at the time of termination shall be disbursed to the owner, agent, or operator, or to the tenant, or to both, as directed by the commissioner of licenses and inspections. Any future rental payments shall be the responsibility of the tenant.

(Code 1968, § 34-39.3; Ord. No. 91-050, § 1(34-39.3), 8-1-91)

Sec. 34-162. - Eviction proceedings prohibited during proceedings.

Except as otherwise provided by section 34-157, during the pendency of any proceedings under this division for rent withholding, no owner or operator shall bring any proceedings to dispossess the tenant for nonpayment of rent or any action for rent or rental value.

(Code 1968, § 34-40)

Secs. 34-163—34-185. - Reserved.