A. As used in this section, "assistance animal" means an animal that works, provides assistance or performs tasks for the benefit of a person with a disability, or provides emotional support that alleviates one or more identified symptoms or effects of a person's disability. "Assistance animal" includes a service animal specifically trained or equipped to perform tasks for a person with a disability, or an emotional support animal that provides support to a person with a disability who has a disability-related need for such support.
B. A person with a disability may submit a request for a reasonable accommodation to maintain an assistance animal in a dwelling pursuant to the Fair Housing Act, as amended, 42 U.S.C., Section 3601 et seq., the Americans with Disabilities Act of 1990, 42 U.S.C., Section 12101 et seq., and Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C., Section 701 or any other federal, state or local law. Unless the person making the request has a disability or disability-related need for an assistance animal that is readily apparent, the landlord may request reliable supporting documentation that (1) is necessary to verify that the person meets the definition of disability pursuant to the Fair Housing Act, (2) describes the needed accommodation, and (3) shows the relationship between the person's disability and the need for the requested accommodation. The landlord may independently verify the authenticity of any supporting documentation. Supporting documentation that was acquired through purchase or exchange of funds for goods and services shall be presumed to be fraudulent supporting documentation.
C. A landlord shall not be liable for injuries by a person's assistance animal permitted on the landlord's property as a reasonable accommodation to assist the person with a disability pursuant to the requirements of subsection B of this section.
D. If a person obtains a reasonable housing accommodation under this section by knowingly making a false claim of having a disability that requires the use of an assistance animal or by knowingly providing fraudulent supporting documentation in connection with such claim, the landlord may remedy the person's noncompliance by the procedures authorized pursuant to the Oklahoma Residential Landlord and Tenant Act in Section 132 of Title 41 of the Oklahoma Statutes. Additionally, a prevailing landlord in an eviction action under this section may be awarded court costs and fees, plus damages not to exceed One Thousand Dollars ($1,000.00) from the tenant.
Added by Laws 2018, c. 223, § 1, eff. Nov. 1, 2018.
Structure Oklahoma Statutes
§41-1. Who deemed tenant at will.
§41-2. Tenant holding over as tenant at will - Expiration of unwritten contract.
§41-3. Tenant holds from one period to another, when.
§41-4. Time of notice to terminate tenancy.
§41-5. Termination of tenancy from year to year.
§41-6. Notice to quit where rent not paid.
§41-7. Notice when rent not paid under tenancy for less than three (3) months.
§41-8. Notice to quit not required, when.
§41-9. Service of notice - Termination of tenancy.
§41-10. Tenant may not assign, when.
§41-11. Landlord may reenter after unauthorized assignment.
§41-12. Attornment unnecessary to conveyance.
§41-13. Attornment to stranger void.
§41-15. Rights of alienees of lessors and lessees.
§41-16. Rents from life grants.
§41-17. Recovery of arrears of rent from life grants after death.
§41-18. Rights and liabilities of executors and administrators.
§41-19. Occupants without contract liable for rent.
§41-20. Contribution by joint tenants.
§41-21. Joint tenant may recover his share of rents.
§41-22. Recovery for waste or trespass by remainderman.
§41-23. Farm rent lien on crop.
§41-26. Purchaser of crop with notice liable for rent.
§41-27. Landlord may have attachment, when.
§41-28. Attachment for rent lien on crops.
§41-30. Taxation of improvements.
§41-33. Lease presumed to be for one year.
§41-35. Continued possession renews the lease, when.
§41-36. Renewal of lease presumed unless notice of termination given.
§41-38. Duty of tenant in case of proceedings.
§41-40. Forfeiture of lease - Release from record - Penalty.
§41-51. Abandonment or surrender of nonresidential rental property - Definitions.
§41-104. Arrangements not covered by act.
§41-105. Mitigation of damages - Rights, obligations and remedies - Enforcement.
§41-107. Good faith performance or enforcement.
§41-108. Beneficial owner to maintain premises.
§41-111. Termination of tenancy.
§41-112. Duties of parties upon termination of tenancy.
§41-113.1. Denial or termination of tenancy because of guide, signal or service dog.
§41-113.2. Assistance animal – Reasonable housing accommodation request.
§41-113.3. Victims of domestic violence, sexual violence, or stalking.
§41-113a. Disclosure of flood or flooding problems in rental agreement.
§41-114. Alienees - Rights, obligations and remedies.
§41-115. Damage or security deposits.
§41-118. Duties of landlord and tenant.
§41-119. Conveyance of property - Attornment of tenant.
§41-120. Failure of landlord to deliver possession of dwelling unit to tenant.
§41-122. Damage to or destruction of dwelling unit - Rights and duties of tenant.
§41-123. Wrongful removal or exclusion from dwelling unit.
§41-125. Defective condition of premises - Report to landlord.
§41-126. Tenant's use and occupancy of premises - Rules and regulations.
§41-129. Tenant's breach of rental agreement - Wrongful abandonment.
§41-130.1. Death of tenant - Disposition of personal property.
§41-133. Lien on tenant's property.