(d) (I) If a tenant raises a breach of the warranty of habitability as an
affirmative defense as described in this subsection (2), the court shall order that the
landlord or tenant provide any documentation relevant to the breach of the
warranty of habitability that either party requests pursuant to section 13-40-111
(6)(b) to the opposing party no less than ninety-six hours before the day of trial.
Such documentation may include any records, notices, reports, correspondence, or
other documentation maintained by the landlord in accordance with section 38-12-503 (5).
(II) If a landlord fails to provide all relevant documentation, the court shall
order a continuance of the trial, and repeated failure by the landlord to provide all
relevant documentation may be good cause for appropriate sanctions against the
landlord.
(III) If either the landlord or tenant fails to timely provide all relevant
documentation without good cause, the court may prohibit or limit the admission of
documents at trial if the court finds that the opposing party would be substantially
prejudiced by the delay in providing such documentation.
(e) (I) To prove the affirmative defense described in this subsection (2) in
response to an action for possession based on nonpayment of any monetary amount
due pursuant to the rental agreement, the tenant must only establish that the
landlord breached the warranty of habitability:
(A) Within sixty days before or at any time during the period in which the
tenant is alleged to owe rent or any other monetary amount due pursuant to the
rental agreement; or
(B) At any time during the tenancy, and the uninhabitable condition
continued to exist into the period in which the tenant is alleged to owe rent or the
monetary amount due pursuant to the rental agreement.