Oklahoma Fair Housing Law

A. As used in Sections 1451 through 1453 of this title:

1. "Elderly person" means any natural person fifty-five (55) years of age or older;

2. "Dwelling" means:

a. any building, structure, or part of a building or structure that is occupied as, or designed or intended for occupancy as, a residence by one or more families, or

b. any vacant land that is offered for sale or lease for the construction or location of a building, structure, or part of a building or structure described in subparagraph a of this paragraph;

3. "Person" includes one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers and fiduciaries, the state, and all political subdivisions and agencies thereof;

4. "Restrictive covenants" means any specification limiting the transfer, rental, or lease of any dwelling because of race, color, religion, sex, national origin, age, disability, or familial status;

5. "Discriminatory housing practices" means an act that is prohibited pursuant to Section 1452 of this title;

6. "Disability" means a mental or physical impairment that substantially limits at least one major life activity, when there is a record of such an impairment, or the individual is regarded as having such an impairment. The term does not include current illegal use of or addiction to any drug or illegal or federally controlled substance. For purposes of Sections 1451 through 1453 of this title, "an individual with a disability" or "disability" does not apply to an individual because of sexual orientation or the sexual preference of the individual or because that individual is a transvestite;

7. "Unlawful discriminatory practice because of age" means an act prohibited pursuant to Section 1452 of this title against a person at least eighteen (18) years of age or older solely on that basis;

8. "Aggrieved person" means any person who:

a. claims to have been injured by a discriminatory housing practice, or

b. believes that he or she will be injured by a discriminatory housing practice that is about to occur;

9. "Complainant" means a person or the Attorney General who files a complaint pursuant to Section 1452 of this title;

10. "Conciliation" means the attempted resolution of issues raised by a complaint or by the investigation of the complaint, through informal negotiations involving the aggrieved person, the respondent, and the Attorney General’s Office of Civil Rights Enforcement;

11. "Conciliation agreement" means a written agreement setting forth the resolution of the issues in conciliation;

12. "Discriminatory housing practice" means an act prohibited by Section 1452 of this title;

13. "Family" includes a single individual;

14. "Respondent" means:

a. the person accused of a violation of Sections 1451 through 1453 of this title in a complaint of a discriminatory housing practice, or

b. any person identified as an additional or substitute respondent pursuant to Section 1502.5 of this title or an agent of an additional or substitute respondent; and

15. "To rent" means to lease, to sublease, to let, or to otherwise grant for a consideration the right to occupy premises not owned by the occupant.

B. For purposes of Sections 1451 through 1453 of this title, a discriminatory act is committed because of familial status only if the act is committed because the person who is the subject of discrimination is:

1. Pregnant;

2. Domiciled with an individual less than eighteen (18) years of age in regard to whom the person:

a. is the parent or legal custodian, or

b. has the written permission of the parent or legal custodian for domicile with that person; or

3. In the process of obtaining legal custody of an individual less than eighteen (18) years of age.

Added by Laws 1985, c. 289, § 1. Amended by Laws 1991, c. 177, § 2;

Laws 2011, c. 270, § 13, eff. Nov. 1, 2011; Laws 2013, c. 214, § 6, emerg. eff. May 7, 2013.

A. It shall be an unlawful discriminatory housing practice for any person, or any agent or employee of such person:

1. To refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of any housing, or otherwise make unavailable or deny any housing because of race, color, religion, gender, national origin, age, familial status, or disability;

2. To discriminate against any person in the terms, conditions, or privileges of sale or rental of housing, or in the provision of services or facilities in connection with any housing because of race, color, religion, gender, national origin, age, familial status, or disability;

3. To make, print, publish, or cause to be made, printed, or published any notice, statement, or advertisement, with respect to the sale or rental of housing that indicates any preference, limitation, discrimination, or intention to make any such preference, limitation, or discrimination because of race, color, religion, gender, national origin, age, familial status, or disability;

4. To represent to any person, for reasons of discrimination, that any housing is not available for inspection, sale, or rental when such housing is in fact so available because of race, color, religion, gender, national origin, age, familial status, or disability;

5. To deny any person access to, or membership or participation in, a multiple-listing service, real estate brokers' organization or other service, organization, or facility relating to the business of selling or renting dwellings, or discriminate against a person in the terms or conditions of access, membership, or participation in such an organization, service, or facility because of race, color, religion, gender, national origin, age, familial status, or disability;

6. To include in any transfer, sale, rental, or lease of housing any restrictive covenant that discriminates, or for any person to honor or exercise, or attempt to honor or exercise, any discriminatory covenant pertaining to housing because of race, color, religion, gender, national origin, age, familial status, or disability;

7. To refuse to consider the income of both applicants when both applicants seek to buy or lease housing because of race, color,

religion, gender, national origin, age, familial status, or disability;

8. To refuse to consider as a valid source of income any public assistance, alimony, or child support, awarded by a court, when that source can be verified as to its amount, length of time received, regularity, or receipt because of race, color, religion, gender, national origin, age, familial status, or disability;

9. To discriminate against a person in the terms, conditions, or privileges relating to the obtaining or use of financial assistance for the acquisition, construction, rehabilitation, repair, or maintenance of any housing because of race, color, religion, gender, national origin, age, familial status, or disability;

10. To discharge, demote, or discriminate in matters of compensation or working conditions against any employee or agent because of the obedience of the employee or agent to the provisions of this section;

11. To solicit or attempt to solicit the listing of housing for sale or lease, by door to door solicitation, in person, or by telephone, or by distribution of circulars, if one of the purposes is to change the racial composition of the neighborhood;

12. To knowingly induce or attempt to induce another person to transfer an interest in real property, or to discourage another person from purchasing real property, by representations regarding the existing or potential proximity of real property owned, used, or occupied by persons of any particular race, color, religion, gender, national origin, age, familial status or disability, or to represent that such existing or potential proximity shall or may result in:

a. the lowering of property values,

b. a change in the racial, religious, or ethnic character of the block, neighborhood, or area in which the property is located,

c. an increase in criminal or antisocial behavior in the area, or

d. a decline in quality of the schools serving the area;

13. To refuse to rent or lease housing to a blind, deaf, or disabled person on the basis of the person's use or possession of a bona fide, properly trained guide, signal, or service dog;

14. To demand the payment of an additional nonrefundable fee or an unreasonable deposit for rent from a blind, deaf, or disabled person for such dog. Such blind, deaf, or disabled person may be liable for any damage done to the dwelling by such dog;

15. a. to discriminate in the sale or rental or otherwise make available or deny a dwelling to any buyer or renter because of a disability of:

(1) that buyer or renter,

(2) a person residing in or intending to reside in that dwelling after it is sold, rented, or made available, or

(3) any person associated with that buyer or renter, or

b. to discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling or in the provision of services or facilities in connection with the dwelling because of a disability of:

(1) that person,

(2) a person residing in or intending to reside in that dwelling after it is so sold, rented, or made available, or

(3) any person associated with that person;

16. For purposes of disability discrimination in housing pursuant to Sections 1451 through 1453 of this title, discrimination includes:

a. a refusal to permit, at the expense of the disabled person, reasonable modifications of existing premises occupied or to be occupied by the person if the modifications may be necessary to afford the person full enjoyment of the premises, provided that such person also provides a surety bond guaranteeing restoration of the premises to their prior condition, if necessary to make the premises suitable for nondisabled tenants,

b. a refusal to make reasonable accommodations in rules, policies, practices, or services, when the accommodations may be necessary to afford the person equal opportunity to use and enjoy a dwelling, or

c. in connection with the design and construction of covered multifamily dwellings for first occupancy thirty (30) months after the date of enactment of the federal Fair Housing Amendments Act of 1988 (Public Law 100-430), a failure to design and construct those dwellings in a manner that:

(1) the public use and common use portions of the dwellings are readily accessible to and usable by disabled persons,

(2) all the doors designed to allow passage into and within all premises within the dwellings are sufficiently wide to allow passage by disabled persons in wheelchairs, and

(3) all premises within the dwellings contain the following features of adaptive design:

(a) an accessible route into and through the dwelling,

(b) light switches, electrical outlets, thermostats, and other environmental controls in accessible locations,

(c) reinforcements in bathroom walls to allow later installation of grab bars, and

(d) usable kitchen and bathrooms so that an individual in a wheelchair can maneuver about the space,

(4) compliance with the appropriate requirements of the American National Standard for buildings and facilities providing accessibility and usability for physically disabled people, commonly cited as "ANSI A 117.1", suffices to satisfy the requirements of division (3) of this subparagraph,

(5) as used in this subsection, the term "covered multifamily dwellings" means:

(a) buildings consisting of four or more units if the buildings have one or more elevators, and

(b) ground floor units in other buildings consisting of four or more units,

(6) nothing in this subsection requires that a dwelling be made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others; or

17. a. A person whose business includes engaging in residential real estate related transactions may not discriminate against a person in making a real estate related transaction available or in the terms or conditions of a real estate related transaction because of race, color, religion, gender, disability, familial status, national origin or age.

b. In this section, "residential real estate related transaction" means:

(1) making or purchasing loans or providing other financial assistance:

(a) to purchase, construct, improve, repair, or maintain a dwelling, or

(b) to secure residential real estate, or

(2) selling, brokering, or appraising residential real property.

B. This section does not prohibit discrimination against a person because the person has been convicted under federal law or the law of any state of the illegal manufacture or distribution of a controlled substance.

C. No other categories or classes of persons are protected pursuant to Sections 1451 through 1453 of this title. The Attorney General's Office of Civil Rights Enforcement shall have no authority or jurisdiction to act on complaints based on any kind of discrimination other than those kinds of discrimination prohibited pursuant to Section 1101 et seq. of this title or any other specifically authorized by law.

Added by Laws 1985, c. 289, § 2. Amended by Laws 1991, c. 177, § 3;

Laws 2011, c. 270, § 14, eff. Nov. 1, 2011; Laws 2013, c. 214, § 7, emerg. eff. May 7, 2013.

A. Nothing provided for in Sections 1451 through 1453 of this title shall:

1. Prohibit a religious organization, association, or society, or any nonprofit institution or organization operated, supervised, or controlled by or in conjunction with a religious organization, association, or society, from limiting the sale, rental, or occupancy of housing which it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preferences to such persons, unless membership in such religion is restricted on account of race, color, or national origin. Nor shall anything in Sections 1451, 1452, 1453, 1501 and 1505.1 of this title apply to a private membership club which is a bona fide club and which is exempt from taxation pursuant to Section 501(c) of the Internal Revenue Code of 1954;

2. Prohibit a religious organization, association, or society, or a nonprofit institution or organization operated, supervised, or controlled by or in conjunction with a religious organization, association, or society, from:

a. limiting the sale, rental, or occupancy of dwellings that it owns or operates for other than a commercial purpose to persons of the same religion, or

b. giving preference to persons of the same religion, unless membership in the religion is restricted because of race, color, or national origin; or

3. Prohibit a private club not open to the public that, as an incident to its primary purpose, provides lodging that it owns or operates for other than a commercial purpose from limiting the rental or occupancy of that lodging to its members or from giving preference to its members.

B. Nothing provided for in Sections 1451 through 1453 of this title relating to familial status applies to housing for older

persons. As used in this section, "housing for older persons" means housing:

1. That the Attorney General's Office of Civil Rights Enforcement determines is specifically designed and operated to assist elderly persons pursuant to a federal or state program;

2. Intended for, and solely occupied by, persons sixty-two (62) years of age or older; or

3. Intended and operated for occupancy by at least one person fifty-five (55) years of age or older per unit as determined by rules of the Attorney General's Office of Civil Rights Enforcement.

C. 1. Subject to division (2) of subparagraph a of this paragraph, Sections 1451 through 1453 of this title do not apply to:

a. the sale or rental of a single-family house sold or rented by an owner if:

(1) the owner does not:

(a) own more than three single-family houses at any one time, or

(b) own any interest in, or is there owned or reserved on his or her behalf, pursuant to any express or voluntary agreement, title to or any right to any part of the proceeds from the sale or rental of more than three single-family houses at any one time, and

(2) the house was sold or rented without:

(a) the use of the sales or rental facilities or services of a real estate broker, agent, or salesman licensed pursuant to the Oklahoma Real Estate License Code, or of an employee or agent of a licensed broker, agent, or salesman, or the facilities or services of the owner of a dwelling designed or intended for occupancy by five or more families, or

(b) the publication, posting, or mailing of a notice, statement, or advertisement prohibited by Section 1452 of this title, or

b. the sale or rental of rooms or units in a dwelling containing living quarters occupied or intended to be occupied by no more than four families living independently of each other, if the owner maintains and occupies one of the living quarters as the owner's residence.

2. The exemption in subparagraph a of paragraph 1 of this subsection applies to only one sale or rental in a twenty-four-month period, if the owner was not the most recent resident of the house at the time of the sale or rental.

D. Nothing provided for in Sections 1451 through 1453 of this title shall prohibit a person engaged in the business of furnishing appraisals of real property from taking into consideration factors other than race, color, age, religion, gender, disability, familial status, or national origin.

E. Nothing provided for in Sections 1451 through 1453 of this title shall affect a reasonable local or state restriction on the maximum number of occupants permitted to occupy a dwelling or restriction relating to health or safety standards.

F. Nothing provided for in Sections 1451 through 1453 of this title shall prevent or restrict the sale, lease, rental, transfer, or development of housing designed or intended for the use of the disabled.

G. Nothing provided for in Sections 1451 through 1453 of this title shall affect a requirement of nondiscrimination in any other state or federal law.

H. Nothing provided for in Sections 1451 through 1453 of this title shall prohibit the transfer of property by will, intestate succession, or by gift.

Added by Laws 1985, c. 289, § 3. Amended by Laws 1991, c. 177, § 4;

Laws 2011, c. 270, § 15, eff. Nov. 1, 2011; Laws 2013, c. 214, § 8, emerg. eff. May 7, 2013.

A. Within the limitations provided by law, the Attorney General's Office of Civil Rights Enforcement has the following additional powers:

1. To promote the creation of local commissions on human rights, and to contract with individuals and state, local and other agencies, both public and private, including agencies of the federal government and of other states;

2. To accept public grants or private gifts, bequests, or other payments;

3. To receive, investigate, seek to conciliate, hold hearings on, and pass upon complaints alleging violations of Section 1101 et seq. of this title;

4. To furnish technical assistance requested by persons subject to this act to further compliance with Section 1101 et seq. of this title or an order issued thereunder;

5. To make provisions for technical and clerical assistance to an advisory committee or committees appointed in accordance with paragraph (b) of Section 953 of Title 74 of the Oklahoma Statutes;

6. To require answers to interrogatories, under the procedures established by Section 3233 of Title 12 of the Oklahoma Statutes, compel the attendance of witnesses, examine witnesses under oath or affirmation, and require the production of documents in connection

with complaints filed under Section 1101 et seq. of this title, said powers to be exercised only in relation to areas directly and materially related to the complaint;

7. To hear, and issue orders on, complaints involving state government agencies and departments on the same basis as complaints involving private employers; and

8. To provide technical assistance and public information to assist in preventing and eliminating discriminatory housing practices; and

9. To promulgate rules as necessary to implement the provisions of Section 1101 et seq. of this title.

B. The Attorney General shall:

1. At least annually, publish a written report recommending legislative or other action to carry out the purposes of Section 1101 et seq. of this title as it relates to housing discrimination;

2. Make studies relating to the nature and extent of discriminatory housing practices in this state; and

3. Cooperate with and, as appropriate, may provide technical and other assistance to federal, state, local, and other public or private entities that are formulating or operating programs to prevent or eliminate discriminatory housing practices.

Added by Laws 1968, c. 388, § 501, emerg. eff. May 17, 1968.

Amended by Laws 1970, c. 186, § 1, emerg. eff. April 13, 1970; Laws 1973, c. 195, § 3, emerg. eff. May 16, 1973; Laws 1985, c. 289, § 5;

Laws 1989, c. 353, § 3, emerg. eff. June 3, 1989; Laws 1991, c. 177, § 5; Laws 2013, c. 214, § 9, emerg. eff. May 7, 2013. NOTE: Laws 1985, c. 165, § 12 repealed by Laws 1989, c. 353, § 14, emerg. eff. June 3, 1989.

A. A person claiming to be aggrieved by a discriminatory practice, his or her attorney, or a nonprofit organization chartered for the purpose of combatting discrimination may file with the Attorney General's Office of Civil Rights Enforcement a written sworn complaint stating that a discriminatory practice has been committed, and setting forth the facts upon which the complaint is based, and setting forth facts sufficient to enable the Attorney General to identify the person charged, hereinafter called the respondent. The Attorney General shall promptly furnish the respondent with a copy of the complaint and shall promptly investigate the allegations of discriminatory practice set forth in the complaint. The complaint must be filed within one hundred eighty (180) days after the alleged discriminatory practice occurs.

B. If within sixty (60) days after the complaint is filed it is determined by the Attorney General that there is no reasonable cause to believe that the respondent has engaged in a discriminatory practice, the Attorney General shall issue an order dismissing the

complaint and shall furnish a copy of the order to the complainant, the respondent and such other public officers and persons as the Attorney General deems proper.

C. The complainant, within thirty (30) days after receiving a copy of an order dismissing the complaint, may file with the Attorney General an application for reconsideration of the order. Upon such application, the Attorney General shall make a new determination whether there is a reasonable cause to believe that the respondent has engaged in a discriminatory practice. If it is determined within thirty (30) days after the application is filed that there is no reasonable cause to believe that the respondent has engaged in a discriminatory practice, the Attorney General shall issue an order dismissing the complaint and furnish a copy of the order to the complainant, the respondent and such other public officers as the Attorney General deems proper.

D. The Attorney General shall:

1. Allow for electronic submission of the complaint form;

2. Make a good-faith effort to contact the complainant if the complaint form is deemed insufficient or incomplete; and

3. Provide the two access numbers to the Office of Civil Rights Enforcement for persons who need assistance in completing or filing the complaint form.

E. This section shall not apply to persons claiming to be aggrieved by a discriminatory housing practice to the extent that it is inconsistent with specific provisions of Section 1101 et seq. of this title relating to a discriminatory housing complaint.

Added by Laws 1968, c. 388, § 502. Amended by Laws 1973, c. 195, § 4, emerg. eff. May 16, 1973; Laws 1991, c. 177, § 6; Laws 2013, c. 214, § 10, emerg. eff. May 7, 2013; Laws 2017, c. 306, § 2, eff. Nov. 1, 2017.

If, at any time after the receipt of a verified charge, the Attorney General has reason to believe that a respondent has engaged in any unlawful discriminatory practice, the Attorney General may file a petition in the district court in a county in which the subject of the complaint occurs, or in a county in which a respondent resides or transacts business, seeking appropriate temporary injunctive relief against the respondent pending final determination of proceedings pursuant to Section 1101 et seq. of this title. The court shall have power to grant injunctive relief or a restraining order as it deems just and proper, but no relief or order shall be granted except by consent of the respondent or after hearing upon notice to the respondent and a finding by the court that there is reasonable cause to believe that the respondent has engaged in a discriminatory practice. Except as modified by this section, the Oklahoma rules of civil procedure shall apply to an

application, and the district court shall have authority to grant or deny the relief sought on conditions as it deems just and equitable. This section is subject to the provisions of Section 1502.7 of this title.

Added by Laws 1985, c. 289, § 4. Amended by Laws 1991, c. 177, § 7;

Laws 2013, c. 214, § 11, emerg. eff. May 7, 2013.

A. The Attorney General shall investigate alleged discriminatory housing practices.

B. A complaint must be:

1. In writing;

2. Under oath; and

3. In the form prescribed by the Attorney General.

C. An aggrieved person may, not later than one (1) year after an alleged discriminatory housing practice has occurred or terminated, whichever is later, file a complaint with the Attorney General alleging the discriminatory housing practice.

D. Not later than one (1) year after an alleged discriminatory housing practice has occurred or terminated, whichever is later, the Attorney General may file his or her own complaint.

E. A complaint may be amended at any time.

F. On the filing of a complaint the Attorney General shall:

1. Give the aggrieved person notice that the complaint has been received;

2. Advise the aggrieved person of the time limits and choice of forums pursuant to Section 1101 et seq. of this title; and

3. Not later than the 20th day after the filing of the complaint or the identification of an additional respondent pursuant to Section 1502.5 of this title, serve on each respondent:

a. a notice identifying the alleged discriminatory housing practice and advising the respondent of the procedural rights and obligations of a respondent pursuant to Section 1101 et seq. of this title, and

b. a copy of the original complaint.

Added by Laws 1991, c. 177, § 8. Amended by Laws 2013, c. 214, § 12, emerg. eff. May 7, 2013.

A. Not later than the 10th day after receipt of the notice and copy pursuant to paragraph 3 of subsection F of Section 1502.2 of this title, a respondent may file an answer to the complaint.

B. An answer must be:

1. In writing;

2. Under oath; and

3. In the form prescribed by the Attorney General.

C. An answer may be amended at any time.

D. An answer does not inhibit the investigation of a complaint.

Added by Laws 1991, c. 177, § 9. Amended by Laws 2013, c. 214, § 13, emerg. eff. May 7, 2013.

If the federal government has referred a complaint to the Attorney General or has deferred jurisdiction over the subject matter of the complaint to the Attorney General, the Attorney General shall promptly investigate the allegations set forth in the complaint.

Added by Laws 1991, c. 177, § 10. Amended by Laws 2013, c. 214, § 14, emerg. eff. May 7, 2013.

A. The Commission may join a person not named in the complaint as an additional or substitute respondent if in the course of the investigation the Commission determines that the person should be accused of a discriminatory housing practice.

B. In addition to the information required in the notice pursuant to paragraph 3 of subsection F of Section 8 of this act, the Commission shall include in a notice to a respondent joined pursuant to this section an explanation of the basis for the determination that the person is properly joined as a respondent.

Added by Laws 1991, c. 177, § 11.

A. The Attorney General may, during the period beginning with the filing of a complaint and ending with the filing of a charge or a dismissal by the Attorney General's Office of Civil Rights Enforcement, to the extent feasible, engage in conciliation with respect to the complaint.

B. A conciliation agreement is an agreement between a respondent and the complainant and is subject to the Attorney General's approval.

C. A conciliation agreement may provide for binding arbitration or other method of dispute resolution. Dispute resolution that results from a conciliation agreement may authorize appropriate relief, including monetary relief.

D. A conciliation agreement shall be made public unless the complainant and respondent agree otherwise, and the Attorney General determines that disclosure is not necessary to further the purpose of Section 1101 et seq. of this title.

E. Nothing said or done in the course of conciliation may be made public or used as evidence in a subsequent proceeding pursuant to Section 1101 et seq. of this title without the written consent of the persons concerned.

F. After completion of any investigation conducted by the Attorney General, the Attorney General shall make available to the aggrieved person and the respondent, at any time, information derived from the investigation and the final investigation report relating to that investigation.

Added by Laws 1991, c. 177, § 12. Amended by Laws 2013, c. 214, § 15, emerg. eff. May 7, 2013.

A. If the Attorney General concludes at any time following the filing of a discriminatory housing complaint that prompt judicial action is necessary to carry out the purposes of Section 1101 et seq. of this title, the Attorney General may commence a civil action for appropriate temporary or preliminary relief pending final disposition of the complaint.

B. A temporary restraining order or other order granting preliminary or temporary relief on a discriminatory housing complaint filed under this section is governed by the provisions of Section 1502.1 of this title and the applicable Oklahoma rules of civil procedure.

Added by Laws 1991, c. 177, § 13. Amended by Laws 2013, c. 214, § 16, emerg. eff. May 7, 2013.

A. The Attorney General may file a civil action on behalf of the aggrieved person in a district court seeking relief pursuant to this section.

B. Venue for an action pursuant to this section is in the county in which the alleged discriminatory housing practice occurred, or in a county where the respondent resides or transacts business.

C. An aggrieved person may intervene in the action.

D. If the court finds that a discriminatory housing practice has occurred or is about to occur, the court may grant as relief any relief that a court may grant in a civil action pursuant to Section 1506.3 of this title.

E. If monetary relief is sought for the benefit of an aggrieved person who does not intervene in the civil action, the court may not award the monetary relief if that aggrieved person has not complied with discovery orders entered by the court.

Added by Laws 1991, c. 177, § 21. Amended by Laws 2013, c. 214, § 17, emerg. eff. May 7, 2013.

If the Attorney General upon final determination finds that an act of housing discrimination pursuant to Section 1452 of this title has been committed by a person holding a real estate license pursuant to state law, the Attorney General will certify such determination to the licensing agency. Unless such determination of discriminatory practice is reversed in the course of judicial review, a final determination is binding on the licensing agency. Such agency shall take appropriate administrative action, including suspension or revocation of the license of the respondent.

Added by Laws 1985, c. 289, § 7. Amended by Laws 2013, c. 214, § 18, emerg. eff. May 7, 2013.

A. An aggrieved person may file a civil action in district court not later than the second year after the occurrence of the termination of an alleged discriminatory housing practice, or the breach of a conciliation agreement entered into pursuant to Section 1101 et seq. of this title, whichever occurs last, to obtain appropriate relief with respect to the discriminatory housing practice or breach.

B. The two-year period does not include any time during which an administrative hearing pursuant to Section 1101 et seq. of this title is pending with respect to a complaint or charge pursuant to Section 1101 et seq. of this title based on the discriminatory housing practice. This subsection does not apply to actions arising from a breach of a conciliation agreement.

C. An aggrieved person may file an action pursuant to this section whether or not a complaint has been filed pursuant to Section 1502.2 of this title and without regard to the status of any complaint filed pursuant to this section.

D. If the Attorney General has obtained a conciliation agreement with the consent of an aggrieved person, the aggrieved person may not file an action pursuant to this section with respect to the alleged discriminatory housing practice that forms the basis for the complaint except to enforce the terms of the agreement.

E. An aggrieved person may not file an action pursuant to this section with respect to an alleged discriminatory housing practice that forms the basis of a charge issued by the Attorney General if the Attorney General has begun a hearing on the record pursuant to Section 1101 et seq. of this title with respect to the charge.

Added by Laws 1991, c. 177, § 24. Amended by Laws 2013, c. 214, § 19, emerg. eff. May 7, 2013.

On application by a person alleging a discriminatory housing practice or by a person against whom such a practice is alleged, the court may appoint an attorney for the person.

Added by Laws 1991, c. 177, § 25.

In an action pursuant to Section 1101 et seq. of this title, if the court finds that a discriminatory housing practice has occurred or is about to occur, the court may award to the plaintiff:

1. Actual and punitive damages;

2. Reasonable attorney fees;

3. Court costs; and

4. Subject to Section 1506.4 of this title, any permanent or temporary injunction, temporary restraining order, or other order, including an order enjoining the defendant from engaging in the practice or ordering appropriate affirmative action.

Added by Laws 1991, c. 177, § 26. Amended by Laws 2013, c. 214, § 20, emerg. eff. May 7, 2013.

Relief granted pursuant to Section 1506.3 of this title does not affect a contract, sale, encumbrance, or lease that:

1. Was consummated before the granting of the relief; and

2. Involved a bona fide purchaser, encumbrancer, or tenant who did not have actual notice of the filing of a complaint pursuant to Section 1101 et seq. of this title or a civil action pursuant to this section.

Added by Laws 1991, c. 177, § 27. Amended by Laws 2013, c. 214, § 21, emerg. eff. May 7, 2013.

A. On request of the Commission, the Attorney General may file a civil action in district court for appropriate relief if the Commission has reasonable cause to believe that:

1. a person is engaged in pattern or practice of resistance to the full enjoyment of any right granted by this act; or

2. a person has been denied any right granted by this act and that denial raises an issue of general public importance.

B. In an action pursuant to this section the court may:

1. award preventive relief, including a permanent or temporary injunctive, restraining order, or other order against the person responsible for a violation of this act as necessary to assure the full enjoyment of the rights granted by this act;

2. award other appropriate relief, including monetary damages, reasonable attorneys fees, and court costs; and

3. to vindicate the public interest, assess a civil penalty against the respondent in an amount that does not exceed:

a. Fifty Thousand Dollars ($50,000.00), for a first violation, and

b. One Hundred Thousand Dollars ($100,000.00), for a second or subsequent violation.

C. A person may intervene in an action pursuant to this section if the person is:

1. an aggrieved person to the discriminatory housing practice; or

2. a party to a conciliation agreement concerning the discriminatory housing practice.

Added by Laws 1991, c. 177, § 29.

The Attorney General may issue subpoenas pursuant to Section 1101 et seq. of this title and may enforce the subpoena in appropriate proceedings in district court.

Added by Laws 1991, c. 177, § 30. Amended by Laws 2013, c. 214, § 22, emerg. eff. May 7, 2013.

A court in a civil action brought pursuant to Section 1101 et seq. of this title may award reasonable attorney fees to the prevailing party and assess court costs against the nonprevailing party.

Added by Laws 1991, c. 177, § 31. Amended by Laws 2013, c. 214, § 23, emerg. eff. May 7, 2013.

A. A person commits an offense if the person, whether or not acting under color of law, by force or threat of force, intentionally intimidates or interferes with a person:

1. Because of the person's race, color, religion, gender, disability, familial status, or national origin and because the person is or has been selling, purchasing, renting, financing, occupying, contracting, or negotiating for the sale, purchase, rental, financing, or occupation of any dwelling, or applying for or participating in a service, organization, or facility relating to the business of selling or renting dwellings; or

2. Because the person is or has been, or has attempted to intimidate the person from:

a. participating, without discrimination because of race, color, religion, gender, disability, familial status, or national origin, in an activity, service, organization, or facility described in paragraph 1 of this subsection,

b. affording another person opportunity or protection to so participate, or

c. lawfully aiding or encouraging other persons to participate, without discrimination because of race, color, religion, gender, disability, familial status, or national origin, in an activity, service, organization, or facility described in paragraph 1 of this subsection.

B. An offense pursuant to this section is a misdemeanor.

Added by Laws 1991, c. 177, § 32. Amended by Laws 2011, c. 270, § 16, eff. Nov. 1, 2011.

A. In connection with an investigation of a complaint filed under Section 1101 et seq. of this title, the Attorney General shall have access at any reasonable time to premises, records and documents relevant to the complaint and the right to examine, photograph and copy evidence, in accordance with the Oklahoma Administrative Procedures Act.

B. So as to avoid undue burden on persons subject to the act, records and reports required by the Attorney General under this section shall conform as near as may be to similar records and reports required by federal law.

C. It is unlawful for an officer or employee of the Attorney General to make public with respect to a particular person without his consent information obtained by the Attorney General pursuant to his or her authority under this section.

Added by Laws 1968, c. 388, § 507. Amended by Laws 2013, c. 214, § 24, emerg. eff. May 7, 2013.

A. Subpoenas shall issue in proceedings under Section 1101 et seq. of this title as provided in the Oklahoma Administrative Procedures Act. A subpoena so issued shall show on its face the name and address of the party at whose request the subpoena was issued. On petition of the individual to whom the subpoena is directed and notice to the requesting party, the Attorney General may vacate or modify the subpoena.

B. Witnesses whose depositions are taken or who are summoned before the Attorney General or employees of the Attorney General's office shall be entitled to the same witness and mileage fees as are paid to witnesses in the courts of the state.

Added by Laws 1968, c. 388, § 508. Amended by Laws 2013, c. 214, § 25, emerg. eff. May 7, 2013.