(3)(a) If a
governmental agency has given a written notice to a landlord that a dwelling
unit has been determined to be unlawful, but not unsafe, to occupy due to the
existence of conditions that violate state or local law and materially affect
health or safety to an extent that, in the agency’s determination, although the
unit is safe for an existing tenant to occupy, another person may not take
possession of the unit, the landlord may not enter into a new tenancy for the
dwelling unit until the landlord corrects the conditions that led to the agency’s
determination.
(b) If a landlord
knowingly violates paragraph (a) of this subsection, the tenant may recover
from the landlord either two months’ periodic rent or up to twice the actual
damages sustained by the tenant as a result of the violation, whichever is
greater.
(c)
Notwithstanding paragraph (b) of this subsection, a landlord is not liable to a
tenant for a violation of paragraph (a) of this subsection if, prior to the
commencement of the tenancy, the landlord discloses to the tenant that the
dwelling unit has been determined to be unlawful to occupy.
(d) A disclosure
described in paragraph (c) of this subsection must be in writing, include a
description of the conditions that led to the agency’s determination and state
that the landlord is obligated to correct the conditions before entering into a
new tenancy. The landlord shall attach a copy of the agency’s notice to the
disclosure. The notice copy may provide the information required by this
paragraph to be disclosed by the landlord to the tenant.