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Rent Regulations

Alaska Stat. § 34.03. § 34.03.310

Retaliatory conduct prohibited

In Force
Verified 10/28/2026 · Next check 11/4/2026
AlaskaRetaliation Protections

Operative Text

Alaska Stat. § 34.03. § 34.03.310
(a) Except as provided in (c) and (d) of this section, 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
(1) complained to the landlord of a violation of AS 34.03.100;

(2) sought to enforce rights and remedies granted the tenant under this chapter;

(3) organized or become a member of a tenant's union or similar organization; or

(4) complained to a governmental agency responsible for enforcement of governmental housing, wage, price, or rent controls.

(b) If the landlord acts in violation of (a) of this section, the tenant is entitled to the remedies provided in AS 34.03.210 and has a defense in an action against the tenant for possession.

(c) Notwithstanding (a) and (b) of this section, after serving a notice to quit to the tenant under AS 09.45.100 — 09.45.105, a landlord may bring an action for possession if
(1) the tenant is in default in rent;

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

(3) 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 the rental agreement;

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

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

(6) 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) 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.

(d) Notwithstanding (a) of this section, the landlord may increase the rent if the landlord
(1) has become liable for a substantial increase in property taxes, or a substantial increase in other maintenance or operating costs not associated with compliance with the complaint or request, not less than four months before the demand for an increase in rent; and the increase in rent bears a reasonable relationship to the net increase in taxes or costs;

(2) has completed a capital improvement of the dwelling unit or the property of which it is a part and the increase in rent does not exceed the amount that may be claimed for federal income tax purposes as a straight-line depreciation of the improvement, prorated among the dwelling units benefited by the improvement;

(3) can establish by competent evidence that the rent now demanded of the tenant does not exceed the rent charged other tenants of similar dwelling units in the building or, in the case of a single-family residence or if there is no similar dwelling unit in the building, does not exceed the fair rental value of the dwelling unit.

(e) Maintenance of the action under (c) of this section does not release the landlord from liability under AS 34.03.160(b).
Source: Legislative text reproduced verbatim
Plain English

Alaska Statute AS 34.03.310 prohibits landlords from retaliating against tenants who exercise protected activities—such as complaining about habitability violations, asserting legal rights under the Alaska Residential Landlord and Tenant Act, joining a tenant organization, or filing complaints with a government agency—by raising rent, cutting services, or pursuing or threatening eviction. The statute carves out specific exceptions that allow a landlord to raise rent or seek possession for legitimate, non-retaliatory reasons, such as documented cost increases, capital improvements, or good-faith personal use of the unit. A tenant who faces retaliation is entitled to remedies under AS 34.03.210 and may use the landlord's retaliatory conduct as a defense in an eviction proceeding.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 28, 2026

Plain English — not legal advice.

For Property Managers

Under AS 34.03.310, compliant property owners and managers are careful to ensure that any rent increase, service reduction, or eviction action is grounded in a documented, legitimate reason—such as a verifiable rise in property taxes, a completed capital improvement, or a good-faith intent to occupy or substantially renovate the unit—rather than in a tenant's protected activity. Operators generally maintain records that clearly establish the timing and basis for any adverse action, so that the action can be shown to fall within one of the statute's recognized exceptions rather than appearing connected to a tenant complaint or union membership. Landlords who proceed with possession actions under the exceptions in subsection (c) remain mindful that doing so does not eliminate potential liability under AS 34.03.160(b).

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

AS 34.03.310 gives Alaska tenants protection against rent hikes, service cuts, or eviction threats that follow protected activities like reporting a habitability problem, joining a tenant union, or contacting a government enforcement agency. If a landlord takes one of those adverse actions after a tenant engages in protected conduct, the tenant may be entitled to remedies under AS 34.03.210 and can raise the landlord's retaliatory motive as a defense if an eviction case is filed. Tenants who believe they are experiencing retaliation may consider documenting the timeline of events, reaching out to a local tenant-rights organization, or contacting the relevant government housing agency to understand available enforcement paths.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 28, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Click on timeline segments to view historical versions.

References Out

Rules and statutes cited by this regulation

AS 34.03.100
AS 34.03.210
AS 09.45.100
AS 34.03.160

References In

Rules and statutes that cite this regulation

AS 34.03.220
AS 34.03.120
AS 34.03.310
AS 34.03.225
AS 34.03.290
AS 34.03.360
AS 34.03.220
AS 34.03.310
AS 34.03.360
AS 34.03.360
AS 34.03.020
AS 34.03.100
AS 34.03.120
AS 34.03.290
AS 34.03.100
AS 34.03.290
AS 34.03.020
AS 34.03.070
AS 34.03.070
AS 34.03.020
AS 34.03.070
AS 34.03.230
AS 34.03.100
AS 34.03.070
AS 34.03.090
AS 34.03.100
AS 34.03.160
AS 34.03.070
AS 34.03.070
AS 34.03.120
AS 34.03.130
AS 34.03.150
AS 34.03.140
AS 34.03.020
AS 34.03.080
AS 34.03.150
AS 34.03.100
AS 34.03.210
AS 34.03.160
AS 34.03.080
AS 34.03.130
AS 34.03.360
AS 34.03.130

Related Rules

§ 2A
Reprisal for reporting violations of law, for tenant's union activity, or actions taken pursuant to laws protecting tenants who are victims of domestic violence, rape, sexual assault or stalking; defense; presumption
§ 47a-20
(Formerly Sec. 19-375a). Retaliatory action by landlord prohibited.
§ 47a-20a
Actions deemed not retaliatory.

Source Information

Source:https://www.akleg.gov/basis/statutes.asp?media=print&secStart=34.03.010&secEnd=34.03.380
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