A. No landlord or owner may threaten to bring, or bring, an action to recover possession, cause the tenant to quit a dwelling unit involuntarily, serve any notice to quit or notice of termination of tenancy, decrease any services or increase the rent where the landlord’s intent is to retaliate against the tenant for: the tenant’s assertion or exercise of rights pursuant to this chapter or under applicable state or federal law; for the tenant’s request or demand for, or participation in mediation or arbitration under any public or private mediation program; or for the tenant’s participation in litigation. Any such retaliation shall be a defense to an action to recover possession of the dwelling unit, or a basis for an affirmative action by the tenant for actual and punitive damages and/or injunctive relief.

B. In an action against the tenant, evidence of the assertion or exercise by the tenant of rights pursuant to this chapter or under applicable state or federal law within one hundred eighty days prior to the alleged act of retaliation shall create a rebuttable presumption that the landlord’s action is retaliatory. A tenant may assert landlord retaliation in violation of this chapter affirmatively or as a defense to the landlord’s action without the presumption regardless of the period of time that has elapsed between the tenant’s assertion or exercise of rights pursuant to this chapter and the alleged act of retaliation.