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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 3095 By: Tedford
COMMITTEE SUBSTITUTE
An Act relating to landlord and tenant; providing for
preemption; prohibiting retaliation by a landlord;
providing retaliatory actions; provides when an act
is not retaliatory; provides remedies for landlord
retaliation; providing remedies for landlord when
tenant makes invalid retaliation compla int; providing
that relation by a landlord is a defense for eviction
in certain circumstances; providing for codification;
and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codifi ed
in the Oklahoma Statutes as Section 137 of Title 41, unless there is
created a duplication in numbering, reads as follows:
The regulation of residential tenancies, the landlord -tenant
relationship, and all o ther matters covered under this title are
preempted to the state. This title supersedes any local government
regulations on matters covered under this title, including, but not
limited to, the screening process used by a landlord in approving
tenancies; security deposits; rental agreement applications and fees
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associated with such applications; terms and conditions of rental
agreements; the rights and responsibiliti es of the landlord and
tenant; disclosures concerning the premises ; the dwelling unit; the
rental agreement; or the rights and responsibilities of the landlord
and tenant; fees charged by the landlord ; or notice requirement.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 139 of Title 41, unless there is
created a duplication in numbering, reads as follows:
A. A landlord may not retaliate against a tenant by taking an
action described by subsection B because the tenant:
1. In good faith exercis es or attempts to exercise against a
landlord a right or remedy granted to the tenant by lease, municipal
ordinance, or federal or state statute;
2. Gives a landlord a notice to repair or exercis e a remedy
under Title 41 of the Oklahoma Statu tes;
3. Complains to a governmental ent ity responsible for enforcing
building or housing codes, a public utility, or a c ivic or nonprofit
agency, and the tenant:
a. claims a building or housing code violation or utility
problem, and
b. believes in good faith that the complaint is valid and
that the violation or problem occurred; or
4. Establishes, attempts to establish, or participates in a
tenant organization.
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B. A landlord may not, within six (6) months after the date of
the tenant's action under subsection A of this section, retaliate
against the tenant by:
1. Filing an eviction proceeding, except for legitimate reasons
authorized by law;
2. Depriving the tenant of the use of the premises, except for
reasons authorized by law;
3. Decreasing services to the tenan t;
4. Increasing the tenant's rent or terminating the tenant 's
lease; or
5. Engaging, in bad faith, in a course of conduct that
materially interferes with the tenant 's rights under the tenant 's
lease.
C. The landlord is not liable for retaliation under this
section if the landlord proves that the action was not made for
purposes of retaliation, nor is the landlord liable, unless the
action violates a prior court order for:
1. Increasing rent under an escalation clause in a written
lease for utilities, t axes, or insurance; or
2. Increasing rent or reducing services as part of a pattern of
rent increases or service reductions for an entire multi -dwelling
project.
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D. An eviction or lease t ermination based on the following
circumstances, which are valid gr ounds for eviction or lea se
termination in any event, does not constitute retaliation:
1. The tenant is delinquent in rent when the landlord gives
notice to vacate or files an eviction ac tion;
2. The tenant, a member of the tenant 's family, or a guest or
invitee of the tenant in tentionally damages property on the premises
or by word or conduct threatens the personal safety of the landlord,
the landlord's employees, or another tenant;
3. The tenant has materially breached the lease, other than by
holding over, by an action such a s violating written lease
provisions prohibiting serious misconduct or criminal acts, except
as provided by this section;
4. The tenant holds over after giving notice of termination or
intent to vacate;
5. The tenant holds over a fter the landlord gives n otice of
termination at the end of the rental term and the tenant does not
take action until after the landlord gives notice of ter mination;
or
6. The tenant holds over and the landlord's notice of
termination is motivated by a g ood faith belief that the tenant, a
member of the tenant 's family, or a guest or invitee of the tenant
might:
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a. adversely affect the quiet enjoyment by other tenants
or neighbors,
b. materially affect the health or safety of the
landlord, other tenants, o r neighbors, or
c. damage the property of the landlord, other tenants, or
neighbors.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Sect ion 140 of Title 41, unless there is
created a duplication i n numbering, reads as fo llows:
In addition to other remedies provided by law, if a landlord
retaliates against a tenant under this act, the tenant may recover
from the landlord a civil penalty of one month's rent plus Five
Hundred Dollars ($500.00), actual damages, court costs, a nd
reasonable attorney's fees in an action for recovery of property
damages, moving costs , actual expenses, civil penalties, or
declaratory or injunctive relief, less any d elinquent rents or other
sums for which the tenant is liable to the landlord. If th e
tenant's rent payment to the landlord is subsidized in whole or in
part by a government al entity, the civil penalty granted under this
section shall reflect the fair mark et rent of the dwelling plus Five
Hundred Dollars ($500.00).
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 141 of Title 41, unless there is
created a duplication in numbering, reads as fo llows:
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A. If a tenant files or prosecutes a suit for retali atory
action based on a complaint asserted under Section 3 of this act and
the government building or housing inspector or utility company
representative visits the premises and determines in writ ing that a
violation of a building or housing code does not exist or that a
utility problem does not exist, there is a rebuttable presumption
that the tenant acted in bad faith.
B. If a tenant files or prosecutes a suit under this act in bad
faith, the landlord may recover possession of the dwelling unit and
may recover from the tenant a civil penalty of one month 's rent plus
Five Hundred Dollars ($500.00), court costs, and reasonable attorney
fees. If the tenant 's rent payment to the landlord is subsidiz ed in
whole or in part by a gover nmental entity, the civil p enalty granted
under this section shall reflect the fair market rent of the
dwelling plus Five Hundred Dollars ($500.00).
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 142 of Title 41, unless there is
created a duplication in numbering, reads as follows:
In an eviction suit, retaliation by the landlord under Section 3
of this act is a defense and a rent deduction lawfully made by the
tenant under this act is a defense for nonpayment of the rent to the
extent allowed by this title. Other judicial act ions under this
title may not be joined with an eviction suit or asserted as a
defense or cross-claim in an eviction suit.
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SECTION 6. This act shall become effective November 1, 2024.
59-2-10561 JL 02/27/24