§
5903. Defenses.
It shall be sufficient defense to this proceeding, if any defendant of record establishes that:
(1) The condition or conditions described in the petition do not exist at the time of trial; or
(2) The condition or conditions alleged in the petition have been caused by the wilful or grossly negligent acts of 1 or more of the petitioning tenants or members of the tenant’s or tenants’ families or by other persons on the premises with the tenant’s or tenants’ consent; or
(3) Such condition or conditions would have been corrected, were it not for the refusal by any petitioner to allow reasonable access.25 Del. C. 1953,
§
5903;
58 Del. Laws, c. 472,
§
1;
84 Del. Laws, c. 42,
§
113;