A. Nothing provided for in this division 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 purposes 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 division 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;
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;
4. 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;
5. 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;
6. Prevent or restrict the sale, lease, rental, transfer, or development of housing designed or intended for the use of the handicapped;
7. Affect a requirement of nondiscrimination in any other State or federal law;
8. Prohibit the transfer of property by will, intestate succession, or by gift.
B. Nothing provided for in this division relating to familial status applies to housing for older persons.
C. Application of division.
1. Subject to subsection (C)(2) of this section, this division 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 (1) 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 (59 O.S. § 858-101 et seq.) 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 50-28; 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 (1) of the living quarters as the owner's residence;
2. The exemption in subsection (C)(1)(a) of this section applies to only one (1) 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.
(Code 1991, § 5-1003)
State Law reference- Similar provisions, 25 O.S. § 1453.