FEBRUARY 2025 | 31 THE OKLAHOMA BAR JOURNAL who has served (21% vs. 9%).”25 Also, do an SCRA analysis to determine if the veteran has tried to exercise rights under the SCRA without success. This analysis may result in a voluntary change in the housing provider’s position or judicial enforcement. Analyze Rental Cases Under the ORLTA The ORLTA has specific notice requirements that are conditions precedent to the termination of a lease. Regardless of whether the SCRA applies, the ORLTA applies to every lease in Oklahoma. The ORLTA requires all parties to act in good faith and mitigate their damages. Counterclaims that arise under the ORLTA are among the very few claims that may be raised in a forcible entry and detainer action. Analyze All Housing Cases for Discrimination The fair housing laws regulate most housing transactions. Disability housing discrimination has been unlawful since 1988 under federal law. Therefore, it is important for housing advocates to have a good grasp of these laws. Advocates should analyze cases to determine when to request reasonable accommodations, when to file an administrative complaint and when to file judicial actions.26 Be Aware of Other Resources Know who your community allies are. If the veteran does not have a defense against nonpayment of rent, where in the community can you turn to assist the veteran with obtaining funds? The Department of Veterans Affairs may be a great resource for making good community connections to resolve rental and mortgage challenges. CONCLUSION Those who fight abroad for our freedoms should not fight at home for their homes. As legal professionals, we should work together to ensure that our bravest heroes have access to homes where they can peacefully access the freedom they sacrifice for all of us to enjoy. ABOUT THE AUTHOR Teressa L. Webster is the director of litigation for Legal Aid Services of Oklahoma Inc. (LASO). She received her J.D. from the Regent University School of Law in 2010 and her LL.M. from the Temple University Beasley School of Law in 2018. As a LASO attorney, Ms. Webster has devoted more than a decade to civil rights enforcement and housing defense. She also educates the public about housing rights and responsibilities. ENDNOTES 1. https://bit.ly/3Pmc1yQ. 2. https://bit.ly/3BOBhuB. 3. https://bit.ly/3W3Jn9q. 4. https://bit.ly/4gXO90i. 5. The SCRA defines service member as “a member of the uniformed services, as that term is defined in section 101(a)(5) of Title 10 ... (Army, Navy, Air Force, Marine Corps, Space Force, or Coast Guard).” 50 U.S.C.A. §3911. 6. 50 U.S.C.A. §3953 (b) (1)-(2). 7. Id. 8. 50 U.S.C.A. §3937 (a) (1)-(2). 9. This information is available at https://bit.ly/3PlUSFx. For 2024, the monthly rental rate is $9,812.12. 10. https://bit.ly/40j76VG. 11. https://bit.ly/3VZey5V. 12. https://bit.ly/3BUxyeU. 13. https://bit.ly/3W5bfKx. 14. https://bit.ly/4fP5EPf. 15. Id. 16. 41 Okla. Stat. §101, et seq. 17. 42 U.S.C.A. §3601, et seq. 18. https://bit.ly/3BRJ3Uw. 19. 877-4AID-VET (877-424-3838). 20. www.va.gov/homeless. 21. United States v. McGowan Realty, LLC, d/b/a RedSail Property Management, Case 2:24cv-00016 (E.D. Va.). 22. United States v. JAG Management Company LLC, Case 1:23-cv-20809 (D.N.J.). 23. United States v. PRG Real Estate Management, 2:19-cv-00125 (E.D. Va.). 24. https://bit.ly/3BVlvhw. 25. https://bit.ly/3W2FYrm. 26. The federal Fair Housing Act, 42 U.S.C.A. §3601, et seq., prohibits discrimination in housing on the basis of race, color, national origin, religion, sex, familial status and handicap (disability). Oklahoma’s Discrimination in Housing Act, 25 Okla. Stat. §1451, et seq., protects individuals on all bases provided for in the federal law but additionally protects individuals on the basis of age, beginning at age 18. Both laws provide a private right of enforcement for aggrieved persons and also prohibit acts of retaliation for exercising protected rights. Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff.
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