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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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§6001

14 M.R.S. § 6001 Maine state

3.  Presumption of retaliation.  In any action of forcible entry and detainer there is a rebuttable presumption that the action was commenced in retaliation against the tenant if, within 6 months prior to the commencement of the action, the tenant...

§ 8

D.C. Code § 8-231.07 DC municipal

§ 8–231.07. Prohibition against retaliation.

§ 223-b

N.Y. Real Prop. Law § 223-b New York state

...No landlord of premises or units to which this section is applicable shall serve a notice to quit upon any tenant or commence any action to recover real property or summary proceeding to recover possession of real property in retaliation...

§6021-A

14 M.R.S. § 6021-A Maine state

...The rebuttable presumption of retaliation does not apply unless the tenant asserted that tenant's rights pursuant to this section prior to being served with the eviction notice. There is no presumption of retaliation if the action for forcible entry...

§6001

14 M.R.S. § 6001 Maine state

A writ of possession may not issue in the absence of rebuttal of the presumption of retaliation.

Minn. Stat. § 504B.285

Minn. Stat. § 504B.285 Minnesota state

504B.285 EVICTION ACTIONS; GROUNDS; RETALIATION DEFENSE; COMBINED ALLEGATIONS. § Subdivision 1. Grounds.

9 V.S.A. § 4506

9 V.S.A. § 4506 Vermont state

(Cite as: 9 V.S.A. § 4506) § 4506. Enforcement; civil action; retaliation prohibited

9 V.S.A. § 4503

9 V.S.A. § 4503 Vermont state

(B) retaliating against a tenant or occupant for exercising his or her rights;

§ 100

24 C.F.R. § 100.400 United States federal

(6) Retaliating against any person because that person reported a discriminatory housing practice to a housing provider or other authority.

Minn. Stat. § 504B.212

Minn. Stat. § 504B.212 Minnesota state

(b) In any proceeding in which retaliation is alleged, the burden of proof shall be on the landlord, if the landlord's alleged retaliatory action was within 90 days of the tenant engaging in any of the activities identified in...

§ 223-b

N.Y. Real Prop. Law § 223-b New York state

...In any action to recover real property or summary proceeding to recover possession of real property, judgment shall be entered for the tenant if the court finds that the landlord is acting in retaliation for any action set forth in...

§ 100

24 C.F.R. § 100.400 United States federal

(5) Retaliating against any person because that person has made a complaint, testified, assisted, or participated in any manner in a proceeding under the Fair Housing Act .

14 DCMR § 309

14 DCMR § 309 DC municipal

309.2. A landlord may not retaliate against a tenant for exercising rights under this chapter. Retaliatory conduct is prohibited by D.C. Code § 42-3505.02.

Mont. Code Ann. § 70-33-431

Mont. Code Ann. § 70-33-431 Montana state

(3) In an action by or against the tenant, evidence of a complaint within 6 months before the alleged act of retaliation creates a rebuttable presumption that the landlord's conduct was in retaliation. The presumption does not arise if...

Mont. Code Ann. § 70-33-431

Mont. Code Ann. § 70-33-431 Montana state

(3) In an action by or against the tenant, evidence of a complaint within 6 months before the alleged act of retaliation creates a rebuttable presumption that the landlord's conduct was in retaliation. The presumption does not arise if...

Mont. Code Ann. § 70-24-431

Mont. Code Ann. § 70-24-431 Montana state

(3) In an action by or against the tenant, evidence of a complaint within 6 months before the alleged act of retaliation creates a rebuttable presumption that the landlord's conduct was in retaliation. The presumption does not arise if...

Mont. Code Ann. § 70-24-431

Mont. Code Ann. § 70-24-431 Montana state

(3) In an action by or against the tenant, evidence of a complaint within 6 months before the alleged act of retaliation creates a rebuttable presumption that the landlord's conduct was in retaliation. The presumption does not arise if...

Cal. Civ. Code § 1942.8

Cal. Civ. Code § 1942.8 California state

(b) A landlord or their agent shall not retaliate against a tenant for exercising the tenant’s rights under this section, consistent with the protections provided in Section 1942.5.

10 V.S.A. § 6247

10 V.S.A. § 6247 Vermont state

(Cite as: 10 V.S.A. § 6247) § 6247. Retaliatory conduct prohibited (a) A park owner may not retaliate by any of the following: (1) establishing or changing terms of a rental agreement;

§6001

14 M.R.S. § 6001 Maine state

4.  Membership in tenants' organization.  No writ of possession may issue when the tenant proves that the action of forcible entry and detainer was commenced in retaliation for the tenant's membership in an organization concerned with landlord-tenant relationships.