(1.7) To prove a claim or defense under this section, a tenant does not need
to prove that retaliation was the sole reason a landlord engaged in any of the
activities described in subsection (1)(b) of this section; a tenant need only
demonstrate that the tenant's protected activity under subsection (1)(a) of this
section was a motivating factor that influenced the landlord's decision to engage in
any of the activities described in subsection (1)(b) of this section.
(2) If a landlord retaliates against a tenant in violation of subsection (1) of
this section, the tenant:
(a) Shall recover damages in an amount not more than three months'
periodic rent or three times the tenant's actual damages, whichever is greater, plus
reasonable attorney fees and costs; and
(b) May terminate the rental agreement.
(3) If a landlord elects to replace a malfunctioning appliance, but does so
with a new appliance that is not identical to the appliance being replaced, there is a
rebuttable presumption in favor of the landlord that the landlord's selection of a
different appliance was not retaliatory so long as the replacement appliance
provides substantially the same features as the original appliance.
(4) (Deleted by amendment, L. 2019.)
(5) Nothing in this section precludes a landlord from serving a tenant with a
notice to terminate tenancy or a notice to vacate to the extent allowable under the
law.