C. If the resident's rent is subsidized in whole or in part by a government agency,
the abatement limitation of one month's rent shall mean the total monthly rent paid for
the dwelling and not the portion of the rent that the resident alone pays. Where there is
a third party payor, either the payor or the resident may authorize the remedy and may
abate rent payments as provided in this section.
D. Nothing in this section shall limit a court in its discretion to apply equitable
abatement.
E. Nothing in this section shall entitle the resident to abate rent for the unavailability
of an amenity.
History: 1978 Comp., § 47-8-27.2, enacted by Laws 1995, ch. 195, § 12; 1999, ch. 91,
§ 4.
ANNOTATIONS
The 1999 amendment, effective June 18, 1999, in Subsection A in the first sentence
inserted "other than a failure or defect in an amenity" and updated a statutory reference
and in the second sentence inserted "set out in the notice within seven days of the
notice"; and added Subsection E.