§ 4-104. Defenses.
A. The Court shall grant the remedies allowed in this Title, unless it appears by the evidence that:
1. The premises are untenable, uninhabitable, or constitute a situation where there is a constructive eviction of the tenant, in that the premises are in such a condition, due to the fault of the landlord, that they constitute a real and serious hazard to human health and safety and not a mere inconvenience.
2. The landlord has failed or refused to make repairs which are his responsibility after a reasonable demand by a tenant to do so, without good cause, and the repairs are necessary for the reasonable enjoyment of the premises.
B. There are monies due and owing to the tenant because he has been repaired to make repairs which are the obligation of the landlord, and the landlord has failed or refused to make them after a reasonable notice. Such sums may be a complete or partial defense to a complaint for eviction, but only to the extent that such sums set off monies owed for occupancy. A tenant may be evicted after such a period if he fails or refuses to pay the reasonable rental value of the premises.
C. Due to the conduct of the landlord, there is injury to the tenant in such a way that justice requires that relief be modified or denied. This shall include the equitable defenses of estoppel, laches, fraud, misrepresentation, and breaches of serious and material obligations for public health, safety, and peace standards.
D. That there are such serious material breaches of applicable housing laws on the part of the landlord that it would be unjust to grant him a remedy.
E. The landlord is evicting the tenant because of his or her race, sex, sexual orientation, religion, age, marital status, family status, or because the tenant is disabled.
F. Any other material or relevant fact the tenant might present that may explain why his eviction is unjust and unfair. ONCA 11-41, eff. Apr. 12, 2011.