(a) If, contrary to the rental agreement or § 48204 of this Chapter, the landlord willfully or negligently fails to supply essential services pursuant to the rental agreement, the tenant may give written notice to the landlord specifying the breach and may:

(1) take reasonable and appropriate measures to secure essential services during the period of the landlord’s noncompliance and deduct their actual and reasonable cost from the rent; or

(2) procure substitute housing during the period of landlord’s noncompliance, in which case the tenant is excused from paying rent for the period of the landlord’s noncompliance, but in no case will landlord be responsible or liable for cost of substitute housing unless agreed to in writing by both parties.

(b) Rights of the tenant do not apply if the condition was caused by the deliberate negligent act or omission of the tenant, a member of his family, or other persons on the premises.