38-12-509. Prohibition on retaliation. (1) (a) A landlord shall not retaliate
against a tenant by engaging in any of the activities specified in subsection (1)(b) of
this section in response to the tenant:
(I) Having made a good faith complaint to the landlord, to a nonprofit
organization or third party, or to a governmental agency alleging a condition
described by section 38-12-505 (1) or any condition that materially interferes with
the life, health, or safety of the tenant;
(II) Organizing or becoming a member of a tenants' association or similar
organization; or
(III) Exercising or attempting to exercise in good faith any right or remedy
afforded to a tenant pursuant to section 38-12-507.
(b) Prohibited retaliation includes:
(I) Increasing rent or decreasing services;
(II) Terminating or not renewing a rental agreement or contract without
written consent of the tenant;
(III) Bringing or threatening to bring an action for possession;
(IV) Taking action that in any manner intimidates, threatens, discriminates
against, harasses, or retaliates against a tenant; or
(V) Charging the tenant or seeking to collect from the tenant any fee, cost,
or penalty.
(1.5) A tenant may assert that the landlord retaliated against the tenant in
violation of subsection (1) of this section as a defense to a landlord's action for
possession, including a landlord's action for possession based on:
(a) A monetary or nonmonetary violation of the rental agreement;
(b) A notice to terminate tenancy or vacate;
(c) An expiration of the tenant's rental agreement; or
(d) The nonpayment of rent resulting from a retaliatory rent increase.