3 AAC 90.145. Standard of review for evictions

(a) Evictions during a housing emergency will be allowed only if the reasons for the eviction are valid and consistent with the purposes of this chapter. Nonvalid reasons for eviction include (1) retaliation against a tenant for exercising his rights under this chapter; or (2) repossession for the purpose of obtaining a new or previously disapproved rent increase. A landlord may not retaliate by increasing rent or decreasing services or by bringing or threatening to bring an action for possession after the tenant has exercised his rights under AS 34.03 or AS 34.06. A landlord may not evict a tenant for failure to pay a rent increase which the commissioner has by order prohibited. A landlord also may not evict a tenant solely for the purpose of obtaining a new rent increase.

(b) Valid reasons for evictions include but are not limited to the following:

(1) if the tenant is in default in rent;

(2) if compliance with the applicable building or housing code requires alterations, remodeling, or demolition which would effectively deprive the tenant of the use of the dwelling unit;

(3) if the tenant is committing waste or a nuisance, or is using the dwelling unit for an illegal purpose or for other than living or dwelling purposes in violation of his rental agreement;

(4) if the landlord seeks in good faith to recover possession of the dwelling unit for personal purposes;

(5) if the landlord in good faith seeks to recover possession of the dwelling unit for the purpose of substantially altering, remodeling, or demolishing the premises;

(6) if the landlord seeks in good faith to recover possession of the dwelling unit for the purpose of immediately terminating for at least six months use of the dwelling unit as a dwelling unit; or

(7) if the landlord has in good faith contracted to sell the property and the contract of sale contains a representation by the purchaser corresponding to (4), (5) or (6) of this subsection.

History: Eff. 11/15/75, Register 56

Authority: AS 34.06.030

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