§4.08 Discrimination

If the landlord has discriminated against the tenant in violation of the laws or of the federal or state Constitutions, the tenant may assert discrimination as an affirmative defense against a UD action. [See Department of Fair Employment & Housing v Superior Court (2002) 99 CA4th 896, 899–902; Smith v Fair Employment & Housing Comm’n (1996) 12 C4th 1143, 1155–1161, 1176, 1179; Marina Point, Ltd. v Wolfson (1982) 30 C3d 721, 724–726.]