Oklahoma Administrative Code
Title 335 - Oklahoma Human Rights Commission
Chapter 20 - Interpretive Guidelines on Housing Discrimination
Section 335:20-1-2 - Substantial equivalency to federal fair housing law

Universal Citation: OK Admin Code 335:20-1-2
Current through Vol. 41, No. 13, March 15, 2024

Housing discrimination is unlawful in Oklahoma effective November 1, 1985, pursuant to HB 1243, 25 O.S. Supp. 1985 §1451 et seq. The Oklahoma Fair Housing Law was designed and model led after the federal fair housing law, Civil Rights Act of 1968, USC Title 42 § 3601-3619 ; §3631. Because of the similarity between the Oklahoma and federal law on fair housing, Oklahoma's Fair Housing Law has been found by the Department of Housing and Urban Development to be substantially equivalent to the federal law pursuant to 24 CFR part 115. As a substantially equivalent law to the federal fair housing law, the Oklahoma Human Rights Commission adopts case law interpretations of 42 USC §3601 et seq. which are substantially similar to provisions contained in Oklahoma's Fair Housing Law §1451 et seq. Provisions under the Oklahoma Fair Housing Law which are not included in the federal law but which have characteristics similar in intent to the federal law (i.e. eliminating unlawful housing discrimination) will also be interpreted based upon case law interpretation construing 42 USC §3601 et seq. For example, housing discrimination on the basis of "age" and "handicap" are not authorized under §3601 et seq., but they are proscribed under Oklahoma's §1452 et seq. The Oklahoma Human Rights Commission will apply interpretations of housing discrimination under §3601 et seq. to construe housing discrimination complaints based upon "age" and "handicap". The rationale for this approach is to ensure that fair housing discrimination complaint processing on the basis of "age" and "handicap" are consistent and uniform with both federal and Oklahoma law relevant to fair housing discrimination as it applied to other protected classes, such as, race, color, sex, religion and national origin.

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