(D) The requirement that the landlord offer any non-comparable unit owned by
the landlord to the tenant if a non-comparable unit becomes available before the
recovery of possession of the tenant's unit is an essential element of an eviction for
occupancy by the landlord or landlord’s relative. A landlord’s failure to offer an available
non-comparable unit or a landlord’s deliberately causing an otherwise available unit to
be unfit for human habitation shall each constitute a defense to the eviction action.
(This subparagraph is a clarification of existing law and does not constitute a change in
the law.)
[Original policy adopted November 20, 1980, amended by rule adopted November 26,
1980, amended September 23, 1998 and October 22, 1999.]
[Reference: See also Ordinance Section 15(b) regarding good/bad faith of landlord.]
Amended September 8, 2005 [changing Subsection (C) twenty four (24) to thirty six (36)
consecutive months and adding Subsection (D)].