SECTION 335:20-1-7. Establishment of prima facie case of fair housing discrimination

(a)   To establish a prima facie case of fair housing discrimination under both the federal fair housing law and under Oklahoma's Fair Housing Law, the following points of proof must be established:

(1)   That the Plaintiff is a member of a protected class, i.e. race, color, religion, sex, national origin, age or handicap or familial status;

(2)   That the Plaintiff applied for and was qualified to rent or purchase a certain property of housing;

(3)   That the Plaintiff was rejected; and

(4)   That the housing or rental opportunity remained available thereafter. ["Davis v. Mansards" 597 F. Supp. 334 (D.C. N.D. Ind. 1984), 3 E.O.H. 15,507, (Rental discrimination), "Phillips v. Hunter Trials Community Association" 685 f.2d 184, 190 (7th Cir. 1982) 1 E.O.H. 15,446 (Sale of property discrimination)].

(b)   After the Plaintiff has established a prima facie case, the burden shifts to the Defendant to articulate non-discriminatory reasons for its actions. Phillips, supra.

[Source: Amended at 9 Ok Reg 3743, eff 8-27-92]