Oklahoma Fair Housing Act: An Overview

The Fair Housing Act (FHA) in Oklahoma is part of the state’s landlord-tenant laws that owners must abide by. The FHA dictates numerous aspects of a landlord-tenant relationship from rental advertising and tenant screening process, to handling of disabled tenants and repair and maintenance responses.

That’s why landlords need to thoroughly understand this important piece of legislation. The following are important elements of the Oklahoma Fair Housing regulations to know:

What is the Fair Housing Act?

The FHA became law on April 11th, 1968, as the federal government sough to tamp down on housing discrimination. The law applies to buyers, sellers, landlords, real estate agents, and any one else involved in housing matters. The purpose of the act was to ensure every American citizen got fair access to housing opportunities. It would also help end racial and socioeconomic segregation.

Finally, Fair Housing was a key component of the broader civil rights movement. Fair housing was projected to bring along a society where everyone had fair and equal chances of success, regardless of their background.

What Characteristics are Protected Under the Federal Fair Housing Act and Oklahoma Fair Housing Law?

The Federal FHA guarantees every American a right to fair housing access regardless of certain protected classes. As a landlord, you must treat tenants fairly and equally regardless of their:

• Race
• Sex
• Color
• Religion
• Nationality
• Familial status
• Disability

Individual states and even local jurisdictions have also passed additional legislation to add to the list of protected classes. As per Title 25 of Oklahoma Statues, the following are the additional Fair Housing protections:

• Age
• Gender
• Source of income
• Use of a service dog

You may also want to check in with your local municipality for any additional protections.

What are Examples of Common Fair Housing Law Violations?

The following are some of the actions that you’ll want to avoid in your day-to-day interactions with tenants:

Denying Rent

Refusing to rent out your available rental because of an applicants race, color, national origin, religion or other protected characteristic. Showing favoritism to one group of people would also be considered a violation of the Fair Housing regulations.

Charging Different Rates

Treating tenants of the same apartment or multi-family complex differently due to a protected class. For example, charging one tenant high rent than other another despite having the same layout and amenities in their rentals.

Asking Illegal Questions

It’s illegal to ask prospective tenants questions that touch on their race, color, national origin, religion, familial status, or any other protected class. For instance, asking a tenant whether they are pregnant, how many kids they have, or if they are married would violate the FHA.

Denying Accommodations

Not making reasonable accommodations for disabled tenants. For example, rejecting their application because of their service animal. Service animals are not considered pets. As such, even if you have a no-pet policy this would not apply to a tenants certified service animal.

Discriminatory Marketing

Including prohibited statements in your rental marketing ad would count at housing discrimination. You must not include statements that show preference or limitation of the kind of tenant you want. Specifically, do not mention their race, color, national origin, religion, familial status, or other protected classes. Only talk about the rental’s features, neighborhood amenities, and standard lease policies in your rental listings.

Refusing Modifications

Refusing a disabled tenant’s reasonable request for modifications. In addition to making certain accommodations, you must also honor certain reasonable requests for unit modification by disabled tenants. For instance, a request to install a ramp to the entrance, or grab bars in the bathroom.

What Types of Rentals are Exempted from the Fair Housing laws?

The following types of rental units are exempt from the provisions of the fair housing laws:

• Owner-occupied buildings. If you occupy one unit and rent out the other units in a building with four or fewer units, you may not be subject to fair housing laws. Properties with four or more units or single-family housing doesn't qualify.
• Religious-operated rentals. Housing operated by religious organizations are allowed to give preferential treatment to their own members.
• Single-family homes. The Oklahoma fair housing laws wouldn’t also apply to single-family homes rented out by the owner. The only requirement is that the owner must not own four or more such units. They must also manage the rentals on their own.

What Can a Landlord Do to Comply with Fair Housing Laws?

The following are some tips to keep you in compliance with fair housing laws:

• Carry out evictions in a legal manner. Make sure to have a justifiable reason for the eviction and follow the proper legal process.
• Provide disabled tenants with reasonable accommodations, such as allowing their service animals even when you prohibit pets.
• Use a consistent screening procedure. Any verification you do for one tenant must apply to all applicants.
• Ask the right questions when screening tenants. Questions that touch on a tenant’s protected class are not allowed.
• Make reasonable modifications to the unit if requested by a disabled tenant. Such as, installing grab bars in the bathroom or installing visual or tactile alert devices.
• Do not discuss tenant demographics in your marketing materials. Only share information about the property and neighborhood.
• Respond to all tenant requests in a reasonable time frame and with the same standard of care.
• Make allowable deductions from a tenant’s security deposit and return whatever remains in a reasonable time frame.

Bottom Line

Now you have all the basics of the FHA in Oklahoma. Whether you’re advertising the unit, screening prospective tenants, or responding to repairs, the goal is to always ensure fair and equal treatment of tenants.

If you have a question or need expert property management services, Archstone Properties can help. We are an established management company in the Oklahoman metropolitan area. Get in touch to learn more!

Disclaimer: Please note that the information provided in this blog is intended for general guidance and should not be considered as a replacement for professional legal advice. It is important to be aware that laws pertaining to property management may change, rendering this information outdated by the time you read it.