(b-2) (1) A housing provider shall not charge a fee to a prospective tenant before move-in, during a tenancy, or after move-out for services required of the housing provider to maintain a unit in a condition consistent with the implied warranty of habitability and with Titles 12 and 14 of the District of Columbia Municipal Regulations, or substantially similar subsequent regulations; except, that nothing in this subsection prohibits a housing provider from withholding a tenant's security deposit to replace damaged items if the tenant has caused damage to the unit beyond the standard of ordinary wear and tear as defined in § 42-3502.17(c)(3) .