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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 1063 By: Dollens
AS INTRODUCED
An Act relating to landlord and tenant; enacting the
Anti-Fungi Act of 2025; amending 41 O.S. 2021,
Section 118, which relates to duties of landlord and
tenant; requiring certain repair to be made in a
timely manner; requiring treatment of premises when
mold is present; providing timeline for treatment;
providing penalties for violation; providing for
noncodification; and provi ding an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law not to be
codified in the Oklahoma Statutes reads as follows:
This act shall be known and may be cited as the "Anti-Fungi Act
of 2025".
SECTION 2. AMENDATORY 41 O.S. 2021, Section 118, is
amended to read as follows:
Section 118. A. A landlord shall at all times during the
tenancy:
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1. Except in the case of a single -family residence, keep a ll
common areas of his the building, grounds, facilities and
appurtenances in a clean, safe and sanitary condition;
2. Make all repairs and do whatever is necessary to put and
keep the tenant's dwelling unit and premises in a fit and habitable
condition;
3. Maintain in good and safe working order and condition all
electrical, plumbing, sanitary, heating, ventilating, air -
conditioning and other facilities and appliances, including
elevators, supplied or required to be supplied by him the landlord;
4. Make repairs in a timely manner with respect to the
situation or as outlined by th e leasing agreement;
5. If mold is present in or around the dwelling unit, the
landlord must begin appropriate mold treatment within three (3)
business days of a report being ma de and complete treatment no more
than seven (7) business days beginning after the first day of
treatment;
6. Except in the case of one - or two-family residences or where
provided by a governmental entity, provide and maintain appropriate
receptacles and conveniences for the removal of ashes, garbage,
rubbish and other waste incide ntal to the occupancy of the dwelling
unit and arrange for the frequent removal of such wastes; and
5. 7. Except in the case of a single -family residence or where
the service is supplied by direct and independently metered utility
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connections to the dwelling unit, supply running water and
reasonable amounts of hot water at all times and reasonable heat.
B. The landlord and tenant of a dwelling unit may agree by a
conspicuous writing independent of the rental agreement that the
tenant is to perform specifi ed repairs, maintenance tasks,
alterations or remodeling.
C. Prior to the commencement of a rental agreement, if a
landlord knows or has reason to know that the dwelling unit or any
part of the premises was used in the manufacture of methamphetamine,
the landlord shall disclose this information to a prospective
tenant. Provided however, if the landlord has had the level of
contamination assessed within the dwelling unit or perti nent part of
the premises, and it has been determined that the level of
contamination does not exceed one -tenth of one microgram (0.1 mcg)
per one hundred square centimeters (100 cm2) of surface materials
within the dwelling unit or pertinent part of the p remises, no
disclosure shall be required.
D. A landlord found in violation paragraph 5 of subsection A of
this act shall be subject to:
1. Coverage of tenant medical bill that arise from mold
allergies or other conditions proven to have exacerbated by
prolonged exposure to mold spores; and
2. A fine not to exceed One Thousand Dollars ($1,000.00)
payable to the affected tenants.
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SECTION 3. This act shall become effective November 1, 2025.
60-1-10333 JL 12/16/24