ENGROSSED SENATE
BILL NO. 2089	By:	Crain of the Senate

			and

		Inman of the House

[ duties of landlord - breach of rental agreement - establishing certain suit - recovery - prosecutions - effective date ]

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     41 O.S. 2011, Section 118, is amended to read as follows:
Section 118.  A.  A landlord shall at all times during the tenancy:
1.  Except in the case of a single-family residence, keep all common areas of his the building, grounds, facilities and appurtenances in a clean, safe and sanitary condition;
2.  Make all repairs and do whatever is necessary to put and keep the tenant's dwelling unit and premises in a fit and habitable condition;
3.  Maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances, including elevators, supplied or required to be supplied by him the landlord;
4.  Except in the case of one- or two-family residences or where provided by a governmental entity, provide and maintain appropriate receptacles and conveniences for the removal of ashes, garbage, rubbish and other waste incidental to the occupancy of the dwelling unit and arrange for the frequent removal of such wastes; and
5.  Except in the case of a single-family residence or where the service is supplied by direct and independently metered utility connections to the dwelling unit, supply running water and reasonable amounts of hot water at all times and reasonable heat; and
6.  For multi-family dwellings of more than four families, maintain public safety and protect from habitual gang or drug activity in all dwelling units and all common areas of the building, grounds, facilities and appurtenances.  For purposes of this paragraph, "habitual gang or drug activity" means three or more criminal acts involving the arrest and binding over of any person for gang or drug activity.
B.  The landlord and tenant of a dwelling unit may agree by a conspicuous writing independent of the rental agreement that the tenant is to perform specified repairs, maintenance tasks, alterations or remodeling.
C.  Prior to the commencement of a rental agreement, if a landlord knows or has reason to know that the dwelling unit or any part of the premises was used in the manufacture of methamphetamine, the landlord shall disclose this information to a prospective tenant.  Provided however, if the landlord has had the level of contamination assessed within the dwelling unit or pertinent part of the premises, and it has been determined that the level of contamination does not exceed one-tenth of one microgram (0.1 mcg) per one hundred square centimeters (100 cm2) of surface materials within the dwelling unit or pertinent part of the premises, no disclosure shall be required.
SECTION 2.     AMENDATORY     41 O.S. 2011, Section 121, is amended to read as follows:
Section 121.  A.  Except as otherwise provided in this act, if there is a material noncompliance by the landlord with the terms of the rental agreement or a noncompliance with any of the provisions of Section 18 118 of this act title which noncompliance materially affects health or safety, the tenant may deliver to the landlord a written notice specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than thirty (30) days after receipt of the notice if the breach is not remedied within fourteen (14) days, and thereafter the rental agreement shall so terminate as provided in the notice unless the landlord adequately remedies the breach within the time specified.
B.  Except as otherwise provided in this act, if there is a material noncompliance by the landlord with any of the terms of the rental agreement or any of the provisions of Section 18 118 of this act title which noncompliance materially affects health and the breach is remediable by repairs, the reasonable cost of which is less than One Hundred Dollars ($100.00), the tenant may notify the landlord in writing of his the intention to correct the condition at the landlord's expense after the expiration of fourteen (14) days.  If the landlord fails to comply within said fourteen (14) days, or as promptly as conditions require in the case of an emergency, the tenant may thereafter cause the work to be done in a workmanlike manner and, after submitting to the landlord an itemized statement, deduct from his the rent the actual and reasonable cost or the fair and reasonable value of the work, not exceeding the amount specified in this subsection, in which event the rental agreement shall not terminate by reason of that breach.
C.  Except as otherwise provided in this act, if, contrary to the rental agreement or Section 18 118 of this act title, the landlord willfully or negligently fails to supply heat, running water, hot water, electric, gas or other essential service, the tenant may give written notice to the landlord specifying the breach and thereafter may:
1.  Upon written notice, immediately terminate the rental agreement; or
2.  Procure reasonable amounts of heat, hot water, running water, electric, gas or other essential service during the period of the landlord's noncompliance and deduct their actual and reasonable cost from the rent; or
3.  Recover damages based upon the diminution of the fair rental value of the dwelling unit; or
4.  Upon written notice, procure reasonable substitute housing during the period of the landlord's noncompliance, in which case the tenant is excused from paying rent for the period of the landlord's noncompliance.
D.  Except as otherwise provided in this act, if there is a noncompliance by the landlord with the terms of the rental agreement or Section 18 118 of this act title, which noncompliance renders the dwelling unit uninhabitable or poses an imminent threat to the health and safety of any occupant of the dwelling unit and which noncompliance is not remedied as promptly as conditions require, the tenant may immediately terminate the rental agreement upon written notice to the landlord which notice specifies the noncompliance.
E.  All rights of the tenant under this section do not arise until he the tenant has given written notice to the landlord or if the condition complained of was caused by the deliberate or negligent act or omission of the tenant, a member of his the tenant's family, his the tenant's animal or pet or other person or animal on the premises with his the consent of the tenant.
F.  In addition to the remedies provided pursuant to this section, a tenant affected by a breach of the landlord's duty to maintain public safety pursuant to paragraph 6 of subsection A of Section 118 of this title may bring suit against the landlord.  Such tenant may recover the cumulative amount of rent due from the time that the landlord knew or should have known of habitual gang or drug activity until the time such breach was cured.  Additionally, the Office of the District Attorney serving the county where the property is located shall have standing to prosecute the landlord, and may recover the cumulative amount of rent due for all units from the time that the landlord knew or should have known of habitual gang or drug activity until the time such breach was cured.  At the discretion of the district attorney, amounts recovered may be distributed to the tenants affected by the breach, with a portion to be allocated to any district attorney task force related to gang and drug activity.
SECTION 3.  This act shall become effective November 1, 2014.
Passed the Senate the 26th day of February, 2014.

	
	Presiding Officer of the Senate

Passed the House of Representatives the ____ day of __________, 2014.

	
	Presiding Officer of the House
	of Representatives