5.
Affirmative defense.
A tenant may raise the affirmative defense of failure of the landlord to provide the tenant with a reasonable accommodation pursuant to Title 5, chapter 337 or the federal Fair Housing Act, 42 United States Code, Section 3604(f)(3)(B). The court shall deny the forcible entry and detainer and not grant possession to the landlord if the court determines that the landlord has a duty to offer a reasonable accommodation and has failed to do so and there is a causal link between the accommodation requested and the conduct that is the subject of the forcible entry and detainer action.
The court shall grant the forcible entry and detainer if the court determines that the landlord is otherwise entitled to possession and:
A.
The landlord does not have a duty to offer a reasonable accommodation;
[PL 2011, c. 405, §2 (NEW).]
B.
The landlord has, in fact, offered a reasonable accommodation; or
[PL 2011, c. 405, §2 (NEW).]
C.
There is no causal link between the accommodation requested and the conduct that is the subject of the forcible entry and detainer action.
[PL 2011, c. 405, §2 (NEW).]
For purposes of this subsection, "reasonable accommodation" means a change, exception or adjustment to a rule, policy, practice or service that is necessary for a person with a disability to have an equal opportunity to use and enjoy a dwelling, including public and common access spaces for that dwelling.
[PL 2011, c. 405, §2 (RPR).]
6.
Domestic violence, sexual assault and stalking.
This subsection applies to incidents involving domestic violence, sexual assault or stalking.