SECTION 335:20-1-3. Discriminatory housing practices  


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  • (a)   It is a discriminatory housing practice to refuse to sell or rent after the making of a bona fide offer or to refuse to negotiate for the sale or rental of any housing or otherwise make unavailable or deny any housing. [25 O.S. Section 1452.1] This provision is identical to Title VIII of the Civil Rights Act of 1968, 42 USC §3604(a).
    (b)   The "otherwise make unavailable or deny" language in (a) of this Section is a "catchall" as broad as Congress could have made it. All practices which would have the effect of denying housing on prohibited grounds are therefore unlawful. ["U.S. v. Youritan Construction Co.", 370 F. Supp. 643 (N.D. California 1973) 1 E.O.H. 13, 582, modified as to relief and aff'd 509 f.2d 623 (9th Cir. 1975), 1 E.O.H. 13,695].
    (c)   "Youritan Construction Co." supra, construed 42 USC §3604(a) to apply to racially derogatory remarks to fellow and subordinate employees toward apartment applicants of a particular race, because such remarks could reasonably be expected to adversely affect the racial opportunities of applicants. The fair housing law prohibits not only overt racial rejection of applicants, but subtle behavior as well. The imposition of more burdensome application procedures, delay tactics, and various forms of discouragement by resident managers and rental agents constitutes a violation of section 3604(a). Id.