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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
SENATE BILL 149 By: Boren
AS INTRODUCED
An Act relating to landlord and tenant; amending 12
O.S. 2021, Section 1823, which relates to referral to
mediation; authorizing district court to refer
eviction cases to mediation; updating statutory
reference; prohibiting landlord recovery of rental
dwelling under certain circumstances; establishing
procedures for certain complaints; authorizing
recovery of property in certain circumstance s;
establishing liability for certain violations;
requiring maintenance of lis t of certain code
violations by certain municipalities; specifying
information to be included on certain list; requiring
publication of list on website; providing for
codification; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 12 O.S. 2021, Section 1823, is
amended to read as follows:
Section 1823. Any district court, by agreement of the parties,
may refer any civil case, including any domestic relations ca se, any
eviction case, or any portion thereof for mediation. A referral to
mediation may be made at any time while a civil case is pending.
The order of referral to mediation s hall be entered on a standard
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form consistent with the form provided in subsection D of Section 5
1825 of this act title.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 137 of Title 41, un less there is
created a duplication in numbering, reads as follows:
A. If a landlord retaliates against a tenant because the tenant
exercised the tenant ’s rights granted by law or because of the
tenant’s complaint to an appropriate agency as to ability of a
dwelling, and if the tenant is not in default as to the payment of
rent, the landlord may not recover possession of a dwelling in any
action or proceeding, cause the tenant to quit involuntarily,
increase the rent, or decrease any services offered by th e landlord
within one hundred eighty (180) days of any of the circumstances
described in paragraphs 1 through 5 of this subsection. In each
instance, the one-hundred-eighty-day period shall run from the
latest applicable date:
1. After the date upon whic h the tenant, in good faith, has
given notice of a suspected bed bug infestation, has made a
complaint, orally or in writing in either a physical or electronic
format, to the landlord regarding tenantability, or has requested
orally or in writing the landl ord make a repair to an item for which
the landlord is responsible;
2. After the date upon which the tenant, in good faith, has
filed a written complaint either physically or in an electronic
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format, or an oral complaint which is registered or otherwise
recorded in writing, with an appropriate agency, of which the
landlord has notice, for the purpose of obtaining correction of a
condition relating to tenantability;
3. After the date of an inspection or issuance of a citation
resulting from a complaint des cribed in paragraph 2 of this
subsection of which the landlord did not have no tice;
4. After the filing of appropriate documents commencing a
judicial or arbitration proceeding involving the issue of
tenantability; or
5. After entry of judgment or the si gning of an arbitration
award, if any, when in the judicial proceeding or arbitration the
issue of tenantability is determined adversely to the landlord.
B. A tenant may not invoke the provisions of subsection A of
this section more than once in any twelv e-month period.
C. Notwithstanding subsection A of this section, a landlord m ay
recover possession of a dwelling and perform any of the other acts
described in subsection A of this section within the period
prescribed therein, if the notice of termination , rent increase, or
other act, and any pleading or statement of issues in an
arbitration, if any, states the ground upon which the landlord, in
good faith, seeks to recover possession, increase rent, or perform
any other acts described in subsection A of t his section.
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D. Any landlord or agent of a landlord who violates the
provisions of this section shall be liable to the tenant in a civil
action for:
1. Actual damages sustained by the tenant;
2. Punitive damages in an amount not less than One Hundred
Dollars ($100.00) nor more than Two Thousand Dollars ($2,000.00) for
each retaliatory act where the landlord or landlord ’s agent has been
guilty of fraud, oppression, or malice with respect to such act; and
3. Court costs and reasonable attorney fees.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 138 of Title 41, unless there is
created a duplication in numbering, reads as follows:
Any municipality with more than one hundred thousand (100,0 00)
residents according to the latest Federal Decennial Census shall
maintain a list of code violations for rental properties within the
municipality limits. The list shall include the name of the
property owner, the date of the code violation, the specif ic
municipal code violated, and any fine or penalty issued to the
property owner. The list shall be maintained on the municipality ’s
website and made available to the public.
SECTION 4. This act shall become effective November 1, 2025.
60-1-1129 TEK 12/30/2024 10:36:07 AM