amount by which a lessor may increase rental payments for a dwelling unit and allows an affirmative defense to eviction or private right of enforcement. (B) Minimum amount level of rent control A law shall not be treated as a rent control law with respect to any dwelling unit for purposes of this paragraph unless the lessor of such dwelling unit may not, when the lease with respect to such unit expires, increase monthly rent by an amount greater than the percentage increase, if any, over the preceding 12 months in the Consumer Price Index for All Urban Consumers or 3 percent of the average monthly amount paid for the same unit for each month that the unit was occupied during the previous 12-month period, whichever is greater. (3) Just cause law The term just cause law means any State or local law which at least restricts a lessor from evicting lessee by limiting evictions to instances in which— (A) the tenant has— (i) failed to pay rent for 2 or more consecutive months despite clear and timely notice, (ii) caused substantial destruction to the rental property, (iii) caused significant danger to other tenants, or (iv) significantly and repeatedly violated an explicit lease term and failed to cure the violation after being given notice requesting that the lease term violation be cured, or (B) the landlord seeks to occupy the unit for use as a primary residence, or seeks the availability of the unit for occupancy by an immediate relative as a primary residence. (4) Source of income discrimination law (A) In general The term source of income discrimination law means a State or local law which places restrictions on a lessor from rejecting lessee applicants, or to evicting an existing lessee, due to the lessee’s source of income. (B) Source of income For purposes of subparagraph (A), source of income includes the following: (i) A housing voucher under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f ) and any form of Federal, State, or local housing assistance provided to a family or provided to a