7-5-3: EXEMPT PRACTICES AND ACTS:
Nothing provided for in this chapter shall:
   A.   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 this chapter 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.
   B.   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:
      1.   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
      2.   Giving preference to persons of the same religion, unless membership in the religion is restricted because of race, color, or national origin.
   C.   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.
   D.   Nothing provided for in this chapter relating to familial status shall apply to housing for older persons. As used in this section, "housing for older persons" means housing:
      1.   That the commission 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 commission rules.
   E.   1. Subject to subsection E1a(2) of this section, this chapter does 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 (3) single-family houses at any one time; or
               (B)   Own any interest in, or is there owned or reserved on his 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 (3) 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 1 , 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 (5) or more families; or
               (B)   The publication, posting, or mailing of a notice, statement, or advertisement prohibited by section 7-5-2 of this chapter; 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 (4) 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 subsection E1a of this section applies to only one sale or rental in a twenty four (24) month period, if the owner was not the most recent resident of the house at the time of the sale or rental.
   F.   Nothing provided for in this chapter 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, handicap, familial status, or national origin.
   G.   Nothing provided for in this chapter shall affect a reasonable restriction on the maximum number of occupants permitted to occupy a dwelling, or restriction relating to health or safety standards.
   H.   Nothing provided for in this chapter shall prevent or restrict the sale, lease, rental, transfer, or development of housing designed or intended for the use of the handicapped.
   I.   Nothing provided for in this chapter shall prohibit the transfer of property by will, intestate succession, or by gift. (Ord. 5954, 8-17-2001)

 

Notes

1
1. 59 OS § 858-101 et seq.