University Park — Part XIV Title Six Housing § 1470-08
Prohibition on retaliatory conduct by landlord
Operative Text
It is declared to be against the public policy of the Village for a Landlord to take retaliatory action against a Tenant, except for violation of a rental agreement or for violation of a law or ordinance. A Landlord may not knowingly threaten to bring a lawsuit against a Tenant for possession or refuse to renew a lease or tenancy because the Tenant has in good faith: (1) Complained of code violations applicable to the Premises to a competent governmental agency, elected representative or public official charged with responsibility for enforcement of a building, housing, health or similar code; or (2) Complained of a building, housing, health or similar code violation or an illegal Landlord practice to a community organization or the news media; or (3) Sought the assistance of a community organization or the news media to remedy a code violation or illegal Landlord practice; or (4) Requested the Landlord to make repairs to the Premises as required by the building code, health ordinance, other regulation, or the residential rental agreement; or (5) Becomes a member of a Tenant's union or similar organization; or (6) Testified in any court or administrative proceeding concerning the condition of the Premises; or (7) Executed any right or remedy provided by law. If the Landlord acts in violation of this section, the Tenant has a defense in any retaliatory action against him or her for possession and is entitled to the following remedies: he or she shall recover possession or terminate the rental agreement and, in either case, recover an amount equal to and not more than two months' rent or twice the damages sustained by him or her, whichever is greater, and reasonable attorneys' fees. If the rental agreement is terminated, the Landlord shall return all security and interest recoverable and all prepaid rent. In an action by or against the tenant, if there is evidence of Tenant conduct protected herein within one (1) year prior to the alleged act of retaliation, that evidence shall create a rebuttable presumption that the Landlord's conduct was retaliatory. The presumption shall not arise if the protected Tenant activity was initiated after the alleged act of retaliation.
University Park § 1470-08 declares it against public policy for a landlord to take retaliatory action against a tenant who has exercised certain protected activities in good faith, such as reporting code violations, joining a tenant organization, or testifying in a legal proceeding. A landlord may not threaten eviction or refuse to renew a lease because a tenant engaged in these protected activities. When a tenant can show protected conduct occurred within one year before an alleged retaliatory act, the law creates a rebuttable presumption that the landlord's response was retaliatory, shifting the burden to the landlord to prove otherwise.
Plain English — not legal advice.
Under University Park § 1470-08, compliant property operators are careful to document legitimate, non-retaliatory reasons for any lease non-renewal, eviction action, or other adverse decision affecting a tenant. Because the ordinance establishes a rebuttable presumption of retaliation when protected tenant activity occurred within the prior year, operators generally maintain clear records showing that business decisions are grounded in lease violations or lawful grounds rather than a tenant's complaints or organizational activity. Operators should also be aware that a finding of retaliation can expose them to liability for up to two months' rent or twice the tenant's actual damages—whichever is greater—plus reasonable attorneys' fees, and requires the return of all security deposits and prepaid rent if the rental agreement is terminated.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
University Park § 1470-08 protects tenants who, in good faith, report code violations, seek help from community organizations or the media, request repairs, join a tenant union, or exercise any legal right or remedy. If a landlord responds with an eviction threat or lease non-renewal, a tenant may raise the anti-retaliation provision as a defense in any possession proceeding, and may be entitled to recover possession or terminate the rental agreement along with up to two months' rent or twice actual damages, plus attorneys' fees. Tenants who believe they are experiencing retaliation may consider documenting the timeline of their protected activity, contacting a local tenant-rights organization, or consulting with a housing attorney to understand the options available under this provision.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 10, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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