Oklahoma § 41-201 - Declining or terminating lease agreement based upon felony

§ 41-201. Declining or terminating lease agreement based upon felony

conviction of tenant or occupant.

A. The owner of any real property, including any improvements

consisting of dwelling units, acquired or improved in connection

with an allocation of income tax credits pursuant to the provisions

of Section 42 of the Internal Revenue Code of 1986, as amended, or

in connection with an allocation of income tax credits pursuant to

the provisions of Section 2357.403 of Title 68 of the Oklahoma

Statutes shall have the right to impose conditions in any lease

agreement for the occupancy of any dwelling located on real property

as described by this section which allow the owner to accept or

decline to enter into the lease agreement, or to terminate a

previously executed lease agreement based upon the discovery of

incomplete or false information, with respect to the prior felony

conviction of any person identified as a tenant pursuant to the

terms of the lease agreement, including occupants of the dwelling

whether or not those occupants formally execute a lease agreement.

B. The owner of real property as described in subsection A of

this section may either accept or decline to enter into a lease

agreement or to terminate a previously executed lease agreement

based upon felony convictions, whether pursuant to federal law or

the laws of any state or other governmental jurisdiction, for the

following types of offenses:

1. Possession of any drug or chemical;

2. Possession of any drug or chemical with intent to

manufacture or distribute;

3. Sex offenses, including but not limited to any form of

sexual assault, rape, indecent exposure, or other sexually related

offense if such offense was a felony;

4. Assault or battery or both if the offense was a felony;

5. Any felony involving violence against another person; and

6. Such other felony offenses as the owner of the real property

as described in subsection A of this section includes in the terms

of the lease agreement.

Oklahoma Statutes - Title 41. Landlord and Tenant

C. The provisions of this section shall supersede the

administrative rule of any state agency, board, commission,

department, statewide beneficiary public trust or other entity of

state government to the extent of any conflict.

D. The provisions of this section shall be applicable with

respect to lease transactions occurring on or after the effective

date of this act without regard to the construction date of the

improvements to real property as described by subsection A of this

section.

Added by Laws 2019, c. 196, § 1, emerg. eff. April 29, 2019.

Oklahoma Statutes - Title 41. Landlord and Tenant