Section 1301 - Retaliatory evictions.
§ 8A-1301. Retaliatory evictions.
(a) Prohibited reasons.- A park owner may not evict a resident or arbitrarily increase the rent or decrease the services to which the resident has been entitled for any of the following reasons:
(1) Solely because the resident or his agent has filed a written complaint, or complaints, with the park owner or with any public agency or agencies against the park owner;
(2) Solely because the resident or his agent has filed a lawsuit, or lawsuits, against the park owner; or
(3) Solely because the resident is a member or organizer of any tenant's organization.
(b) Defined.- Evictions described in subsection (a) of this section shall be called retaliatory evictions.
(c) Attorney's fees and court costs.- If in any eviction proceeding the judgment is in favor of the resident for any of the aforementioned defenses, the court may enter judgment for reasonable attorney's fees and court costs against the park owner.
(d) Expiration of 6 months following determination of merits of initial case.- An eviction may not be deemed to be a "retaliatory eviction" for purposes of this section upon the expiration of a period of 6 months following the determination of the merits of the initial case by a court or administrative agency of competent jurisdiction.
(e) Section not to be interpreted to alter other rights.- Nothing in this section may be interpreted to alter the park owner's or the resident's rights arising from breach of any provision of a rental agreement or rule, or either party's right to terminate or not renew a rental agreement pursuant to the terms of the rental agreement or the provisions of other applicable law.
[1980, ch. 843, § 3; 1981, ch. 2, § 3; 1982, ch. 17, § 7; 1997, ch. 14, § 1.]