A. The owner of any real property, including any improvements consisting of dwelling units, acquired or improved in connection with an allocation of income tax credits pursuant to the provisions of Section 42 of the Internal Revenue Code of 1986, as amended, or in connection with an allocation of income tax credits pursuant to the provisions of Section 2357.403 of Title 68 of the Oklahoma Statutes shall have the right to impose conditions in any lease agreement for the occupancy of any dwelling located on real property as described by this section which allow the owner to accept or decline to enter into the lease agreement, or to terminate a previously executed lease agreement based upon the discovery of incomplete or false information, with respect to the prior felony conviction of any person identified as a tenant pursuant to the terms of the lease agreement, including occupants of the dwelling whether or not those occupants formally execute a lease agreement.
B. The owner of real property as described in subsection A of this section may either accept or decline to enter into a lease agreement or to terminate a previously executed lease agreement based upon felony convictions, whether pursuant to federal law or the laws of any state or other governmental jurisdiction, for the following types of offenses:
1. Possession of any drug or chemical;
2. Possession of any drug or chemical with intent to manufacture or distribute;
3. Sex offenses, including but not limited to any form of sexual assault, rape, indecent exposure, or other sexually related offense if such offense was a felony;
4. Assault or battery or both if the offense was a felony;
5. Any felony involving violence against another person; and
6. Such other felony offenses as the owner of the real property as described in subsection A of this section includes in the terms of the lease agreement.
C. The provisions of this section shall supersede the administrative rule of any state agency, board, commission, department, statewide beneficiary public trust or other entity of state government to the extent of any conflict.
D. The provisions of this section shall be applicable with respect to lease transactions occurring on or after the effective date of this act without regard to the construction date of the improvements to real property as described by subsection A of this section.
Added by Laws 2019, c. 196, § 1, emerg. eff. April 29, 2019.
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.