(5) A landlord may rebut the presumption in subsection (4) of this section by
demonstrating, through clear and convincing evidence, that a condition listed in
subsection (4) of this section does not materially interfere with a tenant's life,
health, or safety.
(6) Nothing in this section prevents a court or jury from finding that any
condition or combination of conditions described in this section materially
interferes with a tenant's life, health, or safety.
(7) (a) A landlord shall not prohibit or restrict a tenant from installing or
using a portable cooling device, including under any rental agreement or other
agreement between the landlord and the tenant; except that the landlord may
prohibit or restrict the installation or use of a portable cooling device if the
installation or use of the portable cooling device would:
(I) Violate any building codes, state law, or federal law;
(II) Violate the portable cooling device manufacturer's written safety
guidelines for installing or using the device;
(III) Damage the premises or render the premises uninhabitable; or
(IV) Require more amperage to power the portable cooling device than can
be accommodated by the residential premises', dwelling unit's, or circuit's
electrical capacity.
(b) A landlord that restricts the installation or use of portable cooling
devices at a residential premises with multiple dwelling units under subsection
(7)(a)(IV) of this section shall prioritize a tenant who requests the installation or
usage of a portable cooling device to accommodate the tenant's disability over
other tenants' requests to install or use a portable cooling device.