(2) The landlord has become liable for a substantial
increase in property taxes, or a substantial increase in other maintenance or
operating costs not associated with the landlord's complying with the complaint
or request, not less than four months prior to the demand for an increase in
rent; and the increase in rent does not exceed the prorated portion of the net
increase in taxes or costs;
(3) The landlord has completed a capital improvement
of the dwelling unit or the property of which it is a part and the increase in
rent does not exceed the amount which may be claimed for federal income tax
purposes as a straight-line depreciation of the improvement, prorated among the
dwelling units benefited by the improvement;
(4) The complaint or request of subsection (a)
relates only to a condition or conditions caused by the want of due care by the
tenant or another person of the tenant's household or on the premises with the
tenant's consent; or
(5) The landlord can establish, by competent
evidence, that the rent now demanded of the tenant does not exceed the rent
charged other tenants of similar dwelling units in the landlord's building or,
in the case of a single-family residence or where there is no similar dwelling
unit in the building, does not exceed the market rental value of the dwelling
unit. [L 1972, c 132, pt of §1; am L 1975, c 104, §5; am L 1981, c 235, §4; gen
ch 1985]
Case Notes
Specified rights and remedies are not exclusive as basis for
defense of retaliatory eviction. 59 H. 104, 577 P.2d 326 (1978).