Oklahoma Administrative Code
Title 335 - Oklahoma Human Rights Commission
Chapter 20 - Interpretive Guidelines on Housing Discrimination
Section 335:20-1-7 - Establishment of prima facie case of fair housing discrimination
Universal Citation: OK Admin Code 335:20-1-7
Current through Vol. 41, No. 13, March 15, 2024
(a) To establish a prima facie case of fair housing discrimination under both the federal fair housing law and under Oklahoma's Fair Housing Law, the following points of proof must be established:
(1) That the Plaintiff is a member of a protected class, i.e. race, color, religion, sex, national origin, age or handicap or familial status;
(2) That the Plaintiff applied for and was qualified to rent or purchase a certain property of housing;
(3) That the Plaintiff was rejected; and
(4) That the housing or rental opportunity remained available thereafter. ["Davis v. Mansards" 597 F. Supp. 334 (D.C. N.D. Ind. 1984), 3 E.O.H. 15,507, (Rental discrimination), "Phillips v. Hunter Trials Community Association" 685 f.2d 184, 190 (7th Cir. 1982) 1 E.O.H. 15,446 (Sale of property discrimination)].
(b) After the Plaintiff has established a prima facie case, the burden shifts to the Defendant to articulate non-discriminatory reasons for its actions. Phillips, supra.
Amended at 9 Ok Reg 3743, eff 8-27-92
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