If a Landlord has failed to: (1) enroll a Rental Unit with the Rent Board as provided in Regulation 405; (2) register a tenancy in a Controlled Rental Unit with the Rent Board as provided in Regulation 402 and Regulation 405; and/or (3) file with the Board a notice of a rent increase, change in terms of tenancy, or termination of tenancy as provided in Regulation 603 and Regulation 1001, a Tenant in an unlawful detainer action may obtain from a Rent Program staff member a Certification stating that to the best of the knowledge of the Rent Board staff, the Rental Unit was not enrolled, the tenancy in a Controlled Rental Unit was not registered, and/or the required notice was not filed with the Rent Board in accordance with this Regulation, and assert the aforementioned noncompliance as an affirmative defense in an unlawful detainer action.