Chapter 28
HUMAN RELATIONS*
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State law references: Oklahoma Human Rights Commission, 74 O.S. § 951 et seq.; powers of commission, 25 O.S. § 1501; discrimination generally, 25 O.S. § 1701 et seq.; discrimination in employment, 25 O.S. § 1301 et seq.; discrimination in public accommodations, 25 O.S. § 1401 et seq.; Housing Authorities Act, 63 O.S. § 1051 et seq.; discrimination in housing, 25 O.S. § 1451 et seq.; authority for municipal ordinances prohibiting discrimination, 25 O.S. § 1702.
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Article I.
In General
Secs. 28-1– 28-18. Reserved.
Article II.
Fair Housing
Division 1.
Generally
Sec. 28-19. Definitions.
Sec. 28-20. Exemptions.
Secs. 28-21– 28-43. Reserved.
Division 2.
Sale, Rental and Financing of Dwellings
Sec. 28-44. Discrimination in selling and renting dwellings prohibited; exemptions.
Sec. 28-45. Discrimination in housing finance prohibited.
Sec. 28-46. Discrimination in providing brokerage services prohibited.
Secs. 28-47– 28-65. Reserved.
Division 3.
Interference, Coercion and Intimidation
Sec. 28-66. General regulation; enforcement.
Sec. 28-67. Prevention of intimidation in fair housing cases.
Secs. 28-68– 28-92. Reserved.
Division 4.
Administration and Enforcement
Sec. 28-93. Administration.
Sec. 28-94. Enforcement.
Sec. 28-95. Procedure for investigation and hearing.
Sec. 28-96. Enforcement by civil action.
ARTICLE I.
IN GENERAL
Secs. 28-1– 28-18. Reserved.
ARTICLE II.
FAIR HOUSING
DIVISION 1.
GENERALLY
Sec. 28-19. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Discriminatory housing practice means an act that is unlawful under division 2 of this article.
Dwelling means any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as a residence by one or more families; and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure, or portion thereof.
Familial status means one or more juveniles being domiciled with a parent, guardian, or other legal custodian of the child or with a designee of the lawful custodian who has the written permission of such custodian. Familial status further includes any pregnant person.
Family means an individual, two or more persons related by blood or marriage, or a group of not more than three persons who are not related by blood or marriage, living together as a single housekeeping unit in a dwelling unit.
To rent means to lease, to sublease, to let and otherwise to grant for a consideration the right to occupy premises owned by the landlord.
(Code 2000, § 5-1120; Ord. No. 607, 9-19-1991)
State law references: Similar definitions, 25 O.S. § 1451.
Sec. 28-20. Exemptions.
(a) Nothing in this article shall prohibit a religious organization, association, or society, nor 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 dwellings which it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preference to such persons, unless membership in such religion is restricted on account of race, sex, color, national origin, familial status, or handicap.
(b) Nothing in this article shall prohibit a private club not in fact open to the public, which as an incident to its primary purpose provides lodgings which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of such lodgings to its members or from giving preference to its members.
(Code 2000, § 5-1124; Ord. No. 607, 9-19-1991)
State law references: Similar provision, 25 O.S. § 1453.
Secs. 28-21– 28-43. Reserved.
DIVISION 2.
SALE, RENTAL AND FINANCING OF DWELLINGS
Sec. 28-44. Discrimination in selling and renting dwellings prohibited; exemptions.
(a) Except as specifically exempted in this division, it shall be unlawful and an offense:
(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, or otherwise make unavailable or deny, a dwelling to any person because of race, sex, color, religion, national origin, familial status, or handicap;
(2) 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 therewith, because of race, sex, color, religion, national origin, familial status, or handicap;
(3) To make, print, or publish, or cause to be made, printed, or published, any notice, statement, or advertisement, with respect to the sale or rental of a dwelling that indicates any present or future preference, limitation, or discrimination based on race, sex, color, religion, national origin, familial status, or handicap;
(4) To represent to any person because of race, sex, color, religion, national origin, familial status, or handicap that any dwelling is not available for inspection, sale, or rental when such dwelling is, in fact, available;
(5) For profit, to induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person of a particular race, sex, color, religion, national origin, familial status, or handicap.
(b) The prohibitions of this section shall not apply to:
(1) Any single-family house sold or rented by an owner, provided that:
a. The private individual owner does not own more than three such single-family houses at any one time;
b. In the case of the sale of any such single-family house by a private individual owner who was not residing in such house at the time of sale or who was not the most recent resident of the house prior to sale, the exemption granted by this subsection shall apply only with respect to one such sale within any 24- month period;
c. The bona fide private individual owner does not own any interest in, nor is there owned or reserved on his behalf, under any express or voluntary agreement, title to or any right to all or a portion of the proceeds from the sale or rental of more than three such single-family houses at any one time; and
d. The single-family house is in fact sold or rented.
(2) Sale or rental accomplished without the use in any manner of the sales or rental facilities or the sale or rental services of any real estate broker, agent or salesperson, or of such facilities or services of any person in the business of selling or renting dwellings, or of any employee or agent of any such broker, agent, salesperson, or person;
(3) Sale or rental accomplished without the publication, posting or mailing, after notice, of any advertisement or written notice in violation of this section, but nothing in this provision shall prohibit the use of attorneys, escrow agents, abstractors, title companies, and other such professional assistance as necessary to perfect or transfer the title; or
(4) Sold or rented housing consisting of rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his residence.
(c) The exemptions provided in this section shall not apply to person in the business of selling or renting dwellings. For the purposes of this section, a person shall be deemed to be in the business of selling or renting dwellings if:
(1) The person has, within the preceding 12 months, participated as principal in three or more transactions involving the sale or rental of any dwelling or any interest therein;
(2) The person has, within the preceding 12 months, participated as an agent, other than in the sale of his own personal residence in providing sales or rental facilities or sales or rental services in two or more transactions involving the sale or rental of any dwelling or any interest therein; or
(3) The person is the owner of any dwelling designed or intended for occupancy by, or occupied by, five or more families.
(Code 2000, § 5-1121; Ord. No. 607, 9-19-1991)
State law references: Similar provisions, 25 O.S. § 1452.
Sec. 28-45. Discrimination in housing finance prohibited.
(a) It shall be unlawful for any bank, savings and loan association, insurance company or other enterprise whose business consists in whole or in part in the making of commercial real estate loans, to deny a loan or other financial assistance to a person applying therefor for the purpose of purchasing, constructing, improving, repairing, or maintaining a dwelling, or to discriminate against him in the fixing of the amount, interest rate, duration, or other terms or conditions of such loan or other financial assistance, because of the race, sex, color, religion, national origin, familial status, or handicap:
(1) Of such person or of any person associated with him in connection with such loan or other financial assistance; or
(2) Of the present or prospective owners, lessees, tenants, or occupants of the dwelling or dwellings in relation to which such loan or other financial assistance is to be made or given.
(b) Nothing contained in this section shall impair the scope or effectiveness of the exception contained in section 28-44(c).
(Code 2000, § 5-1122; Ord. No. 607, 9-19-1991)
Sec. 28-46. Discrimination in providing brokerage services prohibited.
It shall be unlawful to deny any person access to or membership or participation in any multiple-listing service, rental or facility relating to the business of selling or renting dwellings, or to discriminate against him in the terms or conditions of such access, membership, or participation, on account of race, sex, color, religion, national origin, familial status, or handicap.
(Code 2000, § 5-1123; Ord. No. 607, 9-19-1991)
Secs. 28-47– 28-65. Reserved.
DIVISION 3.
INTERFERENCE, COERCION AND INTIMIDATION
Sec. 28-66. General regulation; enforcement.
It is unlawful and an offense to coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or on account of their having exercised or enjoyed, or on account of their having aided or encouraged any other person in the exercise or enjoyment of any right granted or protected in division 2 of this article. This section may be enforced by appropriate civil action.
(Code 2000, § 5-1129; Ord. No. 607, 9-19-1991)
State law references: Similar provisions, 25 O.S. § 1601.
Sec. 28-67. Prevention of intimidation in fair housing cases.
It is unlawful to by force or threat of force, willfully injure, intimidate or interfere with, or attempt to injure, intimidate or interfere with:
(1) Any person because of race, color, religion, national origin, familial status, or handicap and because they are or have been selling, purchasing, renting, financing, occupying, or contracting or negotiating for the sale, purchase, rental, financing or occupation of any dwelling, or applying for or participating in any service, organization, or facility relating to the business of selling or renting dwellings;
(2) Any person who is or has been participating in any of the activities, services, organizations or facilities described in this section without discrimination on account of race, sex, color, religion, national origin, familial status, or handicap or affording another person or class of persons an opportunity or protection so as to participate; or
(3) Any other citizen who is lawfully aiding or encouraging third persons to participate, without discrimination on account of race, sex, color, religion, national origin, familial status, or handicap, in any of the activities, services, organizations or facilities described in this section, or participating lawfully in speech or peaceful assembly opposing any denial of the opportunity to so participate.
(Code 2000, § 5-1130; Ord. No. 607, 9-19-1991)
Secs. 28-68– 28-92. Reserved.
DIVISION 4.
ADMINISTRATION AND ENFORCEMENT
Sec. 28-93. Administration.
The authority and responsibility for administering this article shall be in the mayor. The mayor may delegate any of these functions, duties, and powers to employees of the city including functions, duties, and powers with respect to investigating, conciliating, hearing, determining, ordering, certifying, reporting or otherwise acting as to any work, business, or matter under this article. The mayor shall, by rule, prescribe such rights of appeal from the decisions of his hearing examiners to other administrative personnel as shall be appropriate and in accordance with law.
(Code 2000, § 5-1125; Ord. No. 607, 9-19-1991)
State law references: Authority for local commissions, 25 O.S. § 1703.
Sec. 28-94. Enforcement.
(a) Any person who claims to have been injured by a discriminatory housing practice or who believes that he will be irrevocably injured by a discriminatory housing practice that is about to occur (hereafter complainant) may file a complaint with the mayor or his designate.
(b) A complaint under this section shall be filed within 180 days after the alleged discriminatory housing practice occurred. Complaints shall be in writing and shall state the facts upon which the allegations of a discriminatory housing practice are based. A respondent may file an answer to the complaint against him. Complaints or answers may be reasonably and fairly amended at any time. Complaints and answers shall be verified.
(c) Upon receipt of such a complaint, the city shall furnish a copy of the same to the person who allegedly committed or are about to commit the alleged discriminatory housing practice.
(d) Within 30 days after receiving a complaint, the mayor shall investigate the complaint and give notice in writing to the complainant whether he intends to resolve it. If the mayor decides to resolve the complaint, he shall attempt to eliminate or correct the alleged discriminatory housing practice by informal methods of conference, conciliation, and persuasion. Nothing said or done in the course of such informal endeavors may be made public or used as evidence in a subsequent proceeding under this article without the written consent of the persons concerned.
(e) If, within 30 days after a complaint is filed, the mayor has been unable to obtain voluntary compliance with this article, the complainant may, within 30 days thereafter, file a complaint with the secretary of the state department of housing and urban development. The mayor will assist in this filing by providing certified copies of all applicable, municipal records.
(f) If the mayor has been unable to obtain voluntary compliance within 30 days of the complaint, the complainant may, within 30 days hereafter, commence an appropriate civil action in any appropriate district court against the respondent named in the complaint to enforce the rights granted or protected by this article, insofar as such rights relate to the subject of the complaint. If the court finds that a discriminatory housing practice has occurred or is about to occur, the court may order any appropriate relief authorized by state law.
(g) In any proceeding brought pursuant to this section, the burden of proof shall be on the complainant.
(h) The city attorney may also file such criminal cases as are supported by the facts made known through the complaint and hearing process.
(Code 2000, § 5-1126; Ord. No. 607, 9-19-1991)
Sec. 28-95. Procedure for investigation and hearing.
(a) In conducting an investigation the mayor shall have access, at all reasonable times, to premises, records, documents, individuals, and other evidence or possible sources of evidence and may examine, record, and copy such materials and take and record the testimony or statements of such persons as are reasonably necessary for the furtherance of the investigation, provided that the mayor must first comply with the provisions of the Fourth Amendment of the U.S. Constitution relating to unreasonable searches and seizures and the Fifth Amendment of the U.S. Constitution, relating to due process, and with the provisions of the state constitution and statutes protecting similar rights.
(b) The mayor may apply for a search warrant from the state or from municipal court to compel access to or the production of such materials, or the appearance of such persons; and may issue interrogatories and requests for admissions to a respondent, to the same extent and subject to the same limitations as would apply if interrogatories or requests for admissions were issued or served in aid of a civil action in the United States District Court for the Northern District of Oklahoma, or in aid of a civil action in a state district court.
(c) Upon written application to the municipal court, a respondent shall be entitled to the issuance of a reasonable number of subpoenas by and in the name of the city to the same extent and subject to the same limitations as subpoenas issued at the request of a complainant or the mayor. A respondent's subpoena shall show on its face the name and address of such respondent and shall state that they were issued at his request.
(d) Witnesses summoned by subpoena of the mayor shall be entitled to the same witness and mileage fees as are witnesses in proceedings in city municipal court. Fees payable to a witness summoned by a subpoena issued at the request of a respondent shall be paid by respondent.
(e) Within five days after service of a subpoena upon any person, such person may petition the court to revoke or modify the subpoena. The municipal court shall grant the petition if it finds that the subpoena requires appearance or attendance at an unreasonable time or place, that it requires production of evidence which does not relate to any matter under investigation, that it does not describe with sufficient particularity the evidence to be produced, that compliance would be unduly onerous, or for other good reason.
(f) In case of the failure or refusal to obey a subpoena, the mayor or other person at whose request it was issued may petition for its enforcement in the municipal or state court for the district in which the person to whom the subpoena was addressed resides, was served, or transacts business.
(g) It is unlawful to willfully fail or neglect to attend and testify or to answer any lawful inquiry or to produce records, documents, or other evidence in obedience to the subpoena or lawful order of the mayor or his designee. It is unlawful to, with intent thereby to mislead the mayor:
(1) Make or cause to be made any false entry or statement of fact in any report, account, record, or other document submitted to the examining officer pursuant to the subpoena or other order;
(2) Willfully neglect or fail to make or cause to be made full, true, and correct entries in such reports, accounts, records, or other documents; or
(3) Willfully mutilate, alter, or by any other means falsify any documentary evidence.
(h) The city attorney shall conduct all litigation in which the city participates as a party or as amicus curiae pursuant to this section.
(Code 2000, § 5-1127; Ord. No. 607, 9-19-1991)
Sec. 28-96. Enforcement by civil action.
The rights granted in division 2 of this article may be enforced by civil action in state courts of general jurisdiction. A civil action shall be commenced within 180 days after the alleged discriminatory housing practice occurred.
(Code 2000, § 5-1128; Ord. No. 607, 9-19-1991)