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5516. Retaliatory acts prohibited.
(a) Retaliatory acts are prohibited.
(b) A retaliatory act is an attempt on the part of the landlord to: pursue an action for summary possession or otherwise cause the tenant to quit the rental unit involuntarily; demand an increase in rent from the tenant; or decrease services to which the tenant is entitled after:
(1) The tenant has complained in good faith of a condition in or affecting the rental unit which constitutes a violation of a building, housing, sanitary or other code or ordinance to the landlord or to an authority charged with the enforcement of such code or ordinance; or
(2) A state or local government authority has filed a notice or complaint of such violation of a building, housing, sanitary or other code or ordinance; or
(3) The tenant has organized or is an officer of a tenant’s organization; or
(4) The tenant has pursued or is pursuing any legal right or remedy arising from the tenancy.
(c) If the tenant proves that the landlord has instituted any of the actions set forth in subsection (b) of this section within 90 days of any complaints or act as enumerated above, such conduct shall be presumed to be a retaliatory act.
(d) It shall be a defense to a claim that the landlord has committed a retaliatory act if:
(1) The landlord has given appropriate notice under a section of this part which allows a landlord to terminate early;
(2) The landlord seeks in good faith to recover possession of the rental unit for immediate use as landlord’s own residence;
(3) The landlord seeks in good faith to recover possession of the rental unit for the purpose of substantially altering, remodeling or demolishing the premises;