(II) A tenant does not need to demonstrate that the uninhabitable condition
as described in section 38-12-503 exists at the time of trial.
(f) (I) To prove the affirmative defense described in this subsection (2) in
response to an action for possession based on an alleged nonmonetary violation of
the lease, a tenant must demonstrate that the alleged nonmonetary lease violation
primarily arose from a breach of the warranty of habitability.
(II) It is not an affirmative defense described in this subsection (2) to an
action for possession if the landlord proves the tenant committed a substantial
violation pursuant to section 13-40-107.5.
(g) If a tenant proves an affirmative defense pursuant to this subsection (2)
by a preponderance of the evidence, the court shall:
(I) Deny possession to the landlord and deem the tenant to be the prevailing
party, conditioned on the payment of any rent owed to the landlord or into the court
registry within thirty days after the amount owed is determined pursuant to
subsection (2)(g)(VII) of this section;
(II) Order the landlord to remedy or repair any existing uninhabitable
condition within a specific time frame, including:
(A) The continuance of any ongoing remedial action taken by the landlord;
(B) Compliance with any landlord obligations pursuant to this part 5;
(C) Specific performance or injunctive relief pursuant to subsections (1)(e)
and (1)(f) of this section; or
(D) Any other relief the court deems necessary;
(III) Order a reduction in the fair rental value of the dwelling unit in
accordance with subsection (3) of this section. Any such reduction in fair rental
value applies from when the uninhabitable condition began until the condition was
remedied or repaired.