It shall be a sufficient defense to this proceeding if any defendant of record establishes that:
(1) The condition or conditions described in the petition do not exist at the time of trial;
(2) The condition or conditions alleged in the petition have been caused by the wilful or grossly negligent acts of 1 or more of the petitioning tenants or members of his or their families, or by persons on the premises with his or their consent; or
(3) Such condition or conditions would have been corrected, were it not for the refusal by any petitioner to allow reasonable access.
66 Del. Laws, c. 268, § 2.
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