§ 20-63. Eligibility to file complaint; defenses to complaint.

Any tenant shall be eligible to file a complaint with the Commission. It shall be an affirmative defense to any complaint that the tenant is delinquent in the payment of rent, or is responsible for damage or other adverse conditions existing within the leasehold premises. If the Commission, after investigation or hearing, finds that the tenant is delinquent in his rent, or is responsible for damages within the leasehold premises, it shall not act upon the complaint until such time as the tenant has paid into escrow with the Commission an amount sufficient to pay for the damages, or has paid the delinquency in rent. Provided, if the Commission finds that the reason for the tenant's delinquency was a harsh and unconscionable rent, or if the Commission finds that the delinquency is the result of exceptional hardship, then it shall consider the complaint, notwithstanding the provisions of this section. This exception shall not be construed to give the Commission the power to waive any amount of past rent which is due, or to make any retroactive order. The Commission shall not conduct a hearing on any complaint of any tenant who it finds is bringing the complaint for the purpose of harassing, annoying or embarrassing the landlord, or upon the complaint of any tenant who it finds is using the procedures of the Commission in an attempt to defeat a summary process action.

(Code 1961, § 10-45; Ord. No. 149, § 14, 6-25-1970; Ord. No. 239, 2-6-1979; Ord. No. 424, 8-6-1991)