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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 1628 By: Goodwin
AS INTRODUCED
An Act relating to landlord and tenant; prohibiting
landlord from retaliating ag ainst a tenant for
certain actions; providing remedies and damages to
tenants for retaliation by a landlord; providing this
act does not apply when a landlord increases rent in
certain circumstances ; providing for codification;
and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STAT E OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 137 of Title 41, unless there is
created a duplication in numbering, reads as follows:
A. A landlord may not retaliate agains t a tenant by increasing
the tenant's rent, decreasing services that are due to the tenant,
or bringing or threatening to bring an action for possession of the
tenant's premises because:
1. The tenant has complained to an appropriate governmental
agency of a violation of a building, housing, health, or safet y code
that is applicable to the premises, and the violation materially
affects health and safety;
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2. The tenant has complained to the landlord of any violation
of Section 118 of Title 41 of the Oklahoma Statutes; or
3. The tenant joined with other tenan ts for the purpose of
negotiating or dealing collectively with the landlord on any of the
terms and conditions of a rental agreement.
B. If a landlord acts in violation of Subsection A of this
section the tenant may:
1. Use the retaliatory action of the landlord as a defense to
an action by the landlord to recover possession of the premises;
2. Recover possession of the premises; or
3. Terminate the rental agreement.
In addition, the tenant may recov er from the landlord any actual
damages together with reasonable attorneys' fees. Furthermore, the
court may award the tenant punitive damages.
C. Nothing in Subsection A of this section shall prohibit a
landlord from increasing the rent to reflect the c ost of
improvements installed by the landlord in or ab out the premises or
to reflect an increase in other costs of operation of the premises.
SECTION 2. This act shall become effective November 1, 2023.
59-1-6823 JL 01/11/23