Shown verbatim: the complete text as captured from the official PDF posted by the Oklahoma Legislature, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
1 STATE OF OKLAHOMA
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2 1st Session of the 60th Legislature (2025)
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3 SENATE BILL 274 By: Rader
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6 AS INTRODUCED
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7 An Act relating to landlord and tenant; amending 41
7 O.S. 2021, Section 201, which relates to lease
8 conditions for tenant felony conviction; requiring
8 criminal history screening policy for award of
9 certain tax credit; requiring certain components for
9 screening policy; prohibiting inclusion of certain
10 statements; requiring consideration of certain
10 factors in individualized review; requiring review of
11 certain plans by Oklahoma Housing Finance Agency;
11 updating statutory language; and providing an
12 effective date.
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15 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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16 SECTION 1. AMENDATORY 41 O.S. 2021, Section 201, is
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17 amended to read as follows:
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18 Section 201. A. The owner of any real property, including any
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19 improvements consisting of dwelling units, acquired or improved in
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20 connection with an allocation of income tax credits pursuant to the
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21 provisions of Section 42 of the Internal Revenue Code of 1986, as
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22 amended, or in connection with an allocation of income tax credits
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23 pursuant to the provisions of Section 2357.403 of Title 68 of the
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24 Oklahoma Statutes shall have the right to impose conditions in any
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Req. No. 454 Page 1
1 lease agreement for the occupancy of any dwelling located on real
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2 property as described by this section which allow the owner to
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3 accept or decline to enter into the lease agreement, or to terminate
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4 a previously executed lease agreement based upon the discovery of
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5 incomplete or false information, with respect to the prior felony
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6 conviction of any person identified as a tenant pursuant to the
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7 terms of the lease agreement, including occupants of the dwelling
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8 whether or not those occupants formally execute a lease agreement.
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9 B. The owner of real property as described in subsection A of
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10 this section may either accept or decline to enter into a lease
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11 agreement or to terminate a previously executed lease agreement
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12 based upon felony convictions, whether pursuant to federal law or
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13 the laws of any state or other governmental jurisdiction, for the
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14 following types of offenses:
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15 1. Possession of any drug or chemical;
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16 2. Possession of any drug or chemical with intent to
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17 manufacture or distribute;
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18 3. Sex offenses, including, but not limited to, any form of
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19 sexual assault, rape, indecent exposure, or other sexually related
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20 offense if such offense was a felony;
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21 4. Assault or battery or both if the offense was a felony;
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22 5. Any felony involving violence against another person; and
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1 6. Such other felony offenses as the owner of the real property
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2 as described in subsection A of this section includes in the terms
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3 of the lease agreement.
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4 C. The provisions of this section shall supersede the
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5 administrative rule of any state agency, board, commission,
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6 department, statewide beneficiary public trust or other entity of
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7 state government to the extent of any conflict.
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8 D. The provisions of subsections A and B of this section shall
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9 be applicable with respect to lease transactions occurring on or
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10 after the effective date of this act April 29, 2019, without regard
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11 to the construction date of the improvements to real property as
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12 described by subsection A of this section.
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13 E. For awards beginning on or after January 1, 2026, an award
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14 recipient for the income tax credits pursuant to the provisions of
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15 Section 42 of the Internal Revenue Code of 1986, as amended, or in
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16 connection with income tax credits allocated pursuant to Section
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17 2357.403 of Title 68 of the Oklahoma Statutes shall have a clearly
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18 defined criminal history screening policy in a tenant selection plan
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19 that establishes criteria for renting to prospective residents and
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20 shall include, but not be limited to, the following:
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21 1. An individualized review that considers the safety of
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22 residents and property; provided, an applicant with a criminal
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23 conviction may be denied housing only after conducting such review;
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1 2. The amount of time following a conviction during which
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2 criminal records will be considered in determining the approval of a
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3 lease application; and
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4 3. An established procedure for conducting individualized
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5 reviews of applicants with a criminal record which shall include,
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6 but not be limited to, a notification to the applicant that an
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7 individualized review will be conducted and the right of the
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8 applicant to provide supporting documentation and mitigating
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9 evidence for the individualized review.
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10 The screening policy shall not include any statements such as
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11 "Any applicants with criminal convictions will be denied".
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12 F. An individualized review conducted pursuant to subsection E
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13 of this section shall include consideration of the following
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14 factors:
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15 1. The seriousness of the offense, especially with respect to
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16 the effect of the offense on other residents;
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17 2. The age of the individual at the time the offense was
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18 committed;
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19 3. The length of time since the offense occurred;
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20 4. Evidence of participation in rehabilitative programming;
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21 5. Other evidence of rehabilitation such as employment, job
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22 training, educational achievement, treatment program completion, or
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23 letters of recommendation;
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1 6. A determination of whether a repeated offense would pose a
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2 threat to the health, safety, and welfare of residents and property;
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3 7. Whether the offense has any connection to how the tenant or
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4 household member would perform as a tenant, resident, or neighbor;
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5 and
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6 8. Any risk mitigation services the applicant or household
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7 member would receive during the tenancy.
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8 G. The Oklahoma Housing Finance Agency shall review the tenant
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9 selection plan to ensure compliance with subsection E of this
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10 section during compliance monitoring review. The Agency shall
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11 provide guidance to owners of real property who receive an award of
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12 affordable housing tax credit as it pertains to creation of policies
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13 and practices to comply with this section.
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14 SECTION 2. This act shall become effective November 1, 2025.
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16 60-1-454 TEK 12/30/2024 8:53:28 PM
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Req. No. 454 Page 5Every fact on this page links to its source, starting with the official bill record.