Fair Housing Act Complaint - Oklahoma

OKLAHOMA FAIR HOUSING LAW COMPLAINT

1. CAPTION

IN THE DISTRICT COURT OF [____________________] COUNTY

STATE OF OKLAHOMA

Case No. [____________________]

PETITION

(Jury Trial Demanded)

Plaintiff, for his/her causes of action against Defendants, alleges and states:

2. PARTIES

2.1. Plaintiff. Plaintiff [PLAINTIFF NAME] ("Plaintiff") is, and at all relevant times was, a resident of [CITY, COUNTY], Oklahoma, and an "aggrieved person" within the meaning of 25 O.S. § 1451(8).

2.2. Defendant owner/landlord. Defendant [DEFENDANT] ("Defendant") is, and at all relevant times was, a [corporation / limited liability company / individual] that owns, operates, manages, or controls the dwelling at issue within the meaning of 25 O.S. § 1451.

2.3. Individual Defendant. Defendant [INDIVIDUAL NAME] is, and at all relevant times was, a [manager / leasing agent / owner / employee or agent] of Defendant acting within the course and scope of that agency, and is sued individually for his/her own discriminatory acts (25 O.S. § 1452(A)).

2.4. Subject property. The dwelling at issue is located at [PROPERTY ADDRESS] (the "Property") and is a "dwelling" within the meaning of 25 O.S. § 1451(2).

3. JURISDICTION AND VENUE

3.1. This Court has subject-matter jurisdiction over this civil action under Okla. Const. art. VII, § 7 and 25 O.S. § 1506.1.

3.2. This Court has concurrent jurisdiction over the federal Fair Housing Act claims under 42 U.S.C. § 3613(a).

3.3. Venue is proper in [COUNTY] County under 12 O.S. § 134 and § 139 because the alleged discriminatory housing practice occurred in this County and/or the Property is located here.

3.4. Timeliness. This action is filed within two (2) years after the occurrence or termination of the alleged discriminatory housing practice (or breach of a conciliation agreement), as required by 25 O.S. § 1506.1, excluding any time during which an administrative hearing was pending.

4. FACTUAL ALLEGATIONS

4.1. The Oklahoma Fair Housing Law, 25 O.S. § 1452, prohibits discrimination in housing because of race, color, religion, sex (gender), national origin, age, familial status, or handicap (disability).

4.2. On or about [DATE], Plaintiff [applied to rent / sought to purchase / resided at / inquired about] the Property.

4.3. Plaintiff is a member of the following protected class(es): [IDENTIFY — e.g., handicap/disability (________), age, familial status, race (________), national origin, religion, sex].

4.4. Defendant engaged in one or more of the following discriminatory housing practices in violation of 25 O.S. § 1452:

☐ Refusal to sell or rent, after a bona fide offer, or refusal to negotiate, or otherwise making a dwelling unavailable (25 O.S. § 1452(A)(1))
☐ Discrimination in the terms, conditions, or privileges of sale or rental, or in services or facilities (§ 1452(A)(2))
☐ Discriminatory notice, statement, or advertisement indicating a preference or limitation (§ 1452(A)(3))
☐ Misrepresenting that a dwelling is unavailable for inspection, sale, or rental when it is in fact available (§ 1452(A)(4))
☐ Refusal to consider a valid source of income such as public assistance, alimony, or child support, in a discriminatory manner (§ 1452(A)(7)-(8))
☐ Blockbusting / steering, or inducing transfer by neighborhood-composition representations (§ 1452(A)(11)-(12))
☐ Refusal to make a reasonable accommodation in rules, policies, practices, or services (handicap) (§ 1452(A)(16)(b))
☐ Refusal to permit a reasonable modification of the premises (handicap) (§ 1452(A)(16)(a))
☐ Refusal to rent to, or charging extra fees of, a person using a guide, signal, or service dog (§ 1452(A)(13)-(14))
☐ Discrimination in a residential real-estate-related transaction / financing (§ 1452(A)(17))
☐ Coercion, intimidation, threats, or interference with the exercise of fair-housing rights
☐ Other: [DESCRIBE]

4.5. Specifically, the following occurred:

• [SPECIFIC INCIDENT 1 — date, actor, what was said/done, witnesses];
• [SPECIFIC INCIDENT 2];
• [SPECIFIC INCIDENT 3].

4.6. [Comparator evidence: Similarly situated applicants or tenants outside Plaintiff's protected class were treated more favorably, including [DESCRIBE].]

4.7. [Disability allegations, if applicable:] Plaintiff has a handicap within the meaning of 25 O.S. § 1451(6) and a disability under 42 U.S.C. § 3602(h), specifically [DESCRIBE]. On or about [DATE], Plaintiff requested the following reasonable accommodation/modification: [DESCRIBE — e.g., emotional-support/service animal in a "no pets" building, accessible parking, grab bars]. Defendant [denied the request / failed to respond / imposed unreasonable conditions].

4.8. As a direct and proximate result of Defendant's conduct, Plaintiff suffered the damages described below, including out-of-pocket losses, loss of housing opportunity, and emotional distress.

5. COUNT I — OKLAHOMA FAIR HOUSING LAW (25 O.S. § 1451 et seq.)

5.1. Plaintiff incorporates the preceding paragraphs.

5.2. Defendant's conduct constitutes one or more discriminatory housing practices prohibited by 25 O.S. § 1452 because of Plaintiff's [PROTECTED CLASS].

5.3. Defendant acted intentionally and/or its facially neutral policy had an unjustified discriminatory effect (disparate impact), in violation of Oklahoma law.

5.4. Plaintiff is entitled to the relief authorized by the Oklahoma Fair Housing Law, including actual and punitive damages, injunctive relief, and reasonable attorney's fees and costs.

6. COUNT II — FEDERAL FAIR HOUSING ACT (42 U.S.C. §§ 3604, 3617)

6.1. Plaintiff incorporates the preceding paragraphs.

6.2. Defendant's conduct violated 42 U.S.C. § 3604 by refusing to rent or sell, by making housing unavailable, and/or by discriminating in the terms, conditions, or privileges of housing because of Plaintiff's [race / color / religion / sex / familial status / national origin / disability].

6.3. Defendant further violated 42 U.S.C. § 3617 by coercing, intimidating, threatening, interfering with, or retaliating against Plaintiff for exercising rights protected by the federal Fair Housing Act.

6.4. This Count is timely under 42 U.S.C. § 3613(a). Plaintiff is entitled to actual and punitive damages, injunctive relief, and reasonable attorney's fees and costs under 42 U.S.C. § 3613(c).

7. COUNT III — REASONABLE ACCOMMODATION / MODIFICATION (HANDICAP/DISABILITY)

7.1. Plaintiff incorporates the preceding paragraphs.

7.2. Plaintiff is a person with a handicap under 25 O.S. § 1451(6) and a disability under 42 U.S.C. § 3602(h).

7.3. Plaintiff requested a reasonable accommodation in rules, policies, practices, or services and/or a reasonable modification of the premises necessary to afford Plaintiff equal opportunity to use and enjoy the dwelling.

7.4. The requested accommodation/modification was reasonable and necessary, and Defendant refused it in violation of 25 O.S. § 1452(A)(16) and 42 U.S.C. § 3604(f)(3)(A)–(B).

7.5. Plaintiff is entitled to actual and punitive damages, injunctive relief (including an order compelling the accommodation/modification), and attorney's fees and costs.

8. DAMAGES

8.1. Actual/compensatory damages: out-of-pocket losses, higher rent or relocation costs, lost housing opportunity, and other pecuniary harm, in amounts to be proven at trial.

8.2. Emotional distress damages: humiliation, embarrassment, anxiety, and loss of dignity.

8.3. Punitive damages: Defendant acted with reckless disregard of, or intentional and malicious indifference to, Plaintiff's rights, warranting punitive damages under 42 U.S.C. § 3613(c)(1) and 23 O.S. § 9.1 (Oklahoma punitive-damages statute, as applicable).

8.4. Civil penalties: as authorized in administrative or Attorney General enforcement proceedings under 25 O.S. § 1505 (tiered penalties — up to $10,000 for a first violation, $25,000 for a second within five years, and $50,000 for further violations within seven years — payable to the State's Fair Housing Fund).

8.5. Attorney's fees and costs: under 25 O.S. § 1505 and 42 U.S.C. § 3613(c)(2).

8.6. Pre- and post-judgment interest as allowed by law.

9. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays for judgment against Defendants, jointly and severally, as follows:

• A. For actual and compensatory damages according to proof;
• B. For emotional-distress damages;
• C. For punitive damages;
• D. For a declaration that Defendants' conduct violated Oklahoma and federal fair-housing laws;
• E. For permanent injunctive relief, including an order to cease the discriminatory practices, to provide the requested accommodation/modification, and to adopt non-discriminatory policies and training;
• F. For civil penalties as authorized by law;
• G. For reasonable attorney's fees and costs;
• H. For pre- and post-judgment interest; and
• I. For such other and further relief as the Court deems just and proper.

10. DEMAND FOR JURY TRIAL

Plaintiff demands a trial by jury on all issues so triable pursuant to 12 O.S. § 556 and the Seventh Amendment to the United States Constitution.

11. VERIFICATION

STATE OF OKLAHOMA )

COUNTY OF [____________________ ] ) ss.

[PLAINTIFF NAME], of lawful age, being first duly sworn, deposes and states that he/she is the Plaintiff in the foregoing Petition, that he/she has read the same and knows the contents thereof, and that the matters stated therein are true of his/her own knowledge, except as to those matters stated on information and belief, and as to those he/she believes them to be true.

[____________________]

[PLAINTIFF NAME]

Subscribed and sworn to before me this [__/__/____].

[____________________]

Notary Public

My commission expires: [__________]

12. SIGNATURE BLOCK

Respectfully submitted this [__/__/____].

[LAW FIRM NAME]

By: [____________________]

[ATTORNEY NAME], OBA No. [______]

Attorney for Plaintiff

[STREET ADDRESS]

[CITY, STATE ZIP]

Telephone: [__________]

Email: [__________]

13. CERTIFICATE OF SERVICE

I certify that on [__/__/____] a true and correct copy of the foregoing Petition was served upon the following by [method — summons and service per 12 O.S. § 2004 / certified mail / e-service]:

[SERVICE LIST WITH ADDRESSES]

[____________________]

[NAME / TITLE]

14. OKLAHOMA PRACTICE NOTES

• Enforcing agency. The Oklahoma Attorney General's Office of Civil Rights Enforcement administers and enforces the Oklahoma Fair Housing Law. The former Oklahoma Human Rights Commission was abolished effective July 1, 2012 (SB 763, 2011), and all of its housing-enforcement duties were transferred to the Attorney General; however, the statutory text of 25 O.S. § 1451 et seq. still refers to "the Commission."
• Protected classes (federal + age). 25 O.S. § 1452: race, color, religion, sex (gender), national origin, age (defined as persons 18 and older, 25 O.S. § 1451(7)), familial status, and handicap (disability). Section 1452(B) expressly provides that "No other categories or classes of persons are protected" — Oklahoma has NO statewide source-of-income, sexual-orientation, or gender-identity housing protections, and the statute excludes sexual orientation/gender identity from the "handicap" definition.
• Administrative charge vs. direct court suit. Election is permissive. An aggrieved person may file an administrative complaint with the enforcing agency, OR file a civil action directly in district court under 25 O.S. § 1506.1, whether or not an administrative complaint was filed. A court action is barred where a conciliation agreement was reached with the aggrieved person's consent (except to enforce the agreement).
• Limitations periods.
• State administrative complaint to the enforcing agency: generally 1 year from the occurrence of the discriminatory housing practice.
• State civil action in district court: 2 years from the occurrence or termination of the practice (or breach of conciliation agreement), excluding time an administrative hearing was pending (25 O.S. § 1506.1).
• Federal: 1 year to file a HUD administrative complaint (42 U.S.C. § 3610(a)); 2 years for a private federal court action (42 U.S.C. § 3613(a)).
• Damages and penalties. A court may award actual and punitive damages, injunctive relief, and reasonable attorney's fees. The enforcing agency may obtain actual damages, injunctive/equitable relief, attorney's fees, and tiered civil penalties under 25 O.S. § 1505 (up to $10,000 / $25,000 / $50,000) payable to the Fair Housing Fund. The court may also appoint counsel for an aggrieved person (25 O.S. § 1506.2).
• Removal exposure. Pleading the federal FHA count creates federal-question jurisdiction permitting removal under 28 U.S.C. § 1441. Consider pleading only the state count to anchor in state court.

15. SOURCES AND REFERENCES

• 25 O.S. § 1451 (definitions) — https://oklegal.onenet.net/oklegal-cgi/get_statute?99/Title.25/25-1451.html
• 25 O.S. § 1452 (discriminatory housing practices) — https://law.justia.com/codes/oklahoma/title-25/section-25-1452/
• 25 O.S. § 1505, § 1506.1, § 1506.2 (enforcement, civil action, court-appointed attorney) — Oklahoma Statutes Title 25
• Oklahoma Fair Housing Law overview — https://www.hopb.co/oklahoma-fair-housing-law
• Oklahoma Human Rights Commission ceases operations (transfer to Attorney General, 2012) — https://www.mcafeetaft.com/oklahoma-human-rights-commission-ceases-operations-as-of-june-30/
• Oklahoma Attorney General — Office of Civil Rights Enforcement — https://www.oag.ok.gov/
• 42 U.S.C. § 3604 (federal FHA), § 3613 (private action), § 3617 (interference) — https://www.justice.gov/crt/fair-housing-act-2
• Texas Dep't of Housing & Community Affairs v. Inclusive Communities Project, Inc., 576 U.S. 519 (2015) (disparate impact under FHA)
• HUD/DOJ Joint Statement on Reasonable Accommodations (2004); Reasonable Modifications (2008)

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in Oklahoma must review and customize this document before filing. Verify all statutory citations and court rules before use.