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Tribal Court shall grant remedies provided within this chapter unless clear and convincing evidence is presented demonstrating:

(a) The premises is uninhabitable or presents a condition constituting constructive eviction by the plaintiff or its agent, that defendant provided reasonable and proper notice to the plaintiff of the condition, and that plaintiff failed to timely remedy any serious hazard to human health and safety. Infringement upon an aesthetic use of the property, whether adversely affecting the quiet use and enjoyment of the property by the defendant, shall not constitute a serious hazard.

(b) There are monies due and owing to the defendant because defendant has been required to make repairs on conditions over which the plaintiff is responsible and plaintiff after reasonable notice has failed or refused to make the repairs. Sums owing to the defendant may be a complete or partial defense to a complaint filed under this chapter, but only to the extent that such sums set off monies validly owed to the defendant pursuant to the lease or other housing agreement. Eviction may be ordered after offset if the defendant fails or refuses to comply with the terms of the lease.

(c) The defendant or lawful members of the household have been injured due to improper conduct of the plaintiff to the degree that justice is served by modification or denial of remedies, including but not limited to the equitable defenses of estoppel, laches, fraud, misrepresentation and breach of material obligations to public health and safety to a degree that offends community standards of peace and justice.

(d) Serious and material breach of applicable federal and Tribal laws by the plaintiff such that a grant of remedy would be adverse to justice and against public policy.

(e) The cause for eviction is apparently the race, color, national origin, religion, sex, familial status or handicap of the defendant or lawful members of the household.

(f) Other material facts presented by the defendant that clearly demonstrate that eviction is unjust pursuant to Yurok custom or beliefs or contrary to public interest.

(g) In the case of a proceeding for forcible entry or detainer, defendant, or those whose interests in such premises defendant claims, was in lawful and quiet possession of the premises and that defendant’s interest in the premises was not then ended or determined or did not violate any applicable provisions of Tribal or federal law. [Ord. 31 § 4305, adopted, 7/12/2013.]