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Sec 50-28 Discriminatory Housing Practices
It shall be an unlawful discriminatory housing practice, for any person, or for any agent or employee of such person:
   A.   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 handicap;
   B.   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 handicap;
   C.   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 handicap;
   D.   To represent to any person, for reasons of discrimination, that any housing is not available for inspection, sale, or rental because of race, color, religion, gender, national origin, age, familial status, or handicap when such housing is in fact so available;
   E.   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 handicap;
   F.   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 handicap;
   G.   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 handicap;
   H.   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, and receipt because of race, color, religion, gender, national origin, age, familial status, or handicap;
   I.   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 handicap;
   J.   To discharge, demote, or discriminate in matters of compensation or working conditions against any employee or agent because of obedience of such employee agent to the provisions of this article;
   K.   To solicit or attempt to solicit the listing of housing for sale or lease by door-to- door solicitation, in person, by telephone, or by distribution of circulars if one (1) of the purposes is to change the racial composition of the neighborhood;
   L.   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 person of any particular race, color, religion, gender, national origin, age, familial status, or handicap or to represent that such existing or potential proximity shall or may result in:
      1.   The lowering of property values;
      2.   A change in the racial, religious, or ethnic character of the block, neighborhood, or area in which the property is located;
      3.   An increase in criminal or antisocial behavior in the area; or
      4.   A decline in quality of the schools serving the area;
   M.   To refuse to rent or lease housing to a blind, deaf, or handicapped person on the basis of the person's use or possession of a bona fide, properly trained guide, signal, or service dog;
   N.   To demand the payment of an additional nonrefundable fee or an unreasonable deposit for rent from a blind, deaf, or handicapped person for such dog. Such blind, deaf, or handicapped person may be liable for any damage done to the dwelling by such dog;
   O.   To discriminate:
      1.   In the sale or rental or otherwise make available or deny a dwelling to any buyer or renter because of a handicap of:
         a.   That buyer or renter;
         b.   A person residing in or intending to reside in that dwelling after it is sold, rented, or made available; or
         c.   Any person associated with that buyer or renter;
      2.   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 handicap of:
         a.   That person;
         b.   A person residing in or intending to reside in that dwelling after it is so sold, rented, or made available; or
         c.   Any person associated with that person;
   P.   For purposes of handicap discrimination in housing pursuant to this article, the term "discrimination" includes:
      1.   A refusal to permit, at the expense of the handicapped 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 non- handicapped tenants;
      2.   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
      3.   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:
         a.   The public use and common use portions of the dwellings are readily accessible to and usable by a handicapped person;
         b.   All the doors designed to allow passage into and within all premises within the dwellings are sufficiently wide enough to allow passage by handicapped persons in wheelchairs; and
         c.   All premises within the dwellings contain the following features of adaptive design:
            (1)   An accessible route into and through the dwelling;
            (2)   Light switches, electrical outlets, thermostats, and other environmental controls in accessible locations;
            (3)   Reinforcements in bathroom walls to allow later installation of grab bars; and
            (4)   Usable kitchens and bathrooms so that an individual in a wheelchair can maneuver about those spaces;
         d.   Compliance with the appropriate requirements of the American National Standard for buildings and facilities providing accessibility and usability for physically handicapped people, commonly cited as "ANSI A 117.1," suffices to satisfy the requirements of subsection (P)(3)(c) of this section.
         e.   As used in this subsection, the term "covered multifamily dwellings" means:
            (1)   Buildings consisting of four (4) or more units if the buildings have one (1) or more elevators; and
            (2)   Ground floor units in other buildings consisting of four (4) or more units;
         f.   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;
   Q.   1.   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, handicap, familial status, national origin, or age;
      2.   In this section, "residential real estate-related transaction" means:
         a.   Making or purchasing loans or providing other financial assistance:
            (1)   To purchase, construct, improve, repair, or maintain a dwelling; or
            (2)   To secure residential real estate; or
         b.   Selling, brokering, or appraising residential real property.
(Code 1991, § 5-1002)
State Law reference- Similar provisions, 25 O.S. § 1452.
Sec 50-29 Exempt Practices And Acts
   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.
DIVISION 50-2-2 FAIR HOUSING BOARD
   50-56   Created
   50-57   Duties
   50-58   Procedure
   50-59   Notices
Cross reference- Boards, commissions, and committees, § 2-86 et seq.
State Law reference- Similar provisions, 25 O.S. §§ 1502, 1502.2.
Sec 50-56 Created
There is hereby created a Fair Housing Board of the City, composed of the members of the City Council.
(Code 1991, § 5-1004)
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