Okla. Stat. tit. 16, § 54 § 54
Illegal Discriminatory Restrictive Covenant - Declare to Remove from Title
Operative Text
A person who owns real property or an interest in real property for which the title includes a recorded conveyance instrument containing an illegal discriminatory restrictive covenant pursuant to the Fair Housing Act, 42 U.S.C., Section 3601 et seq., or another person with the written and notarized permission of the owner, may declare that the discriminatory restrictive covenant is illegal and unenforceable and should be removed. The declaration shall be filed with the clerk of the county where the property is located. An illegal discriminatory restrictive covenant is not enforceable in this state, and all discriminatory restrictive covenants contained in any real estate conveyance or instrument recorded in this state are unlawful, are unenforceable, and are declared null and void. Any discriminatory restrictive covenant contained in a previously recorded real estate conveyance or instrument is extinguished and severed from the recorded real estate conveyance or instrument and the remainder of the title transaction remains enforceable and effective.
Oklahoma law under 16 O.S. § 54 establishes that any discriminatory restrictive covenant recorded in a real estate conveyance or instrument—such as one that restricts ownership or occupancy based on race, religion, or national origin in violation of the Fair Housing Act—is legally void, unenforceable, and severed from the rest of the title document. The remainder of the title transaction is not affected and stays fully valid. Property owners, or authorized representatives with notarized permission, may file a formal declaration with the county clerk to have the discriminatory language officially recognized as removed from the title record.
Plain English — not legal advice.
Under 16 O.S. § 54, property owners and managers who discover a discriminatory restrictive covenant in their chain of title generally take steps to file a declaration with the county clerk in the county where the property is located, affirming that the covenant is illegal and unenforceable. This process can be initiated by the owner directly or by another person holding written, notarized authorization from the owner. Keeping title records clear of such language supports clean conveyances and reflects compliance with both state law and the federal Fair Housing Act.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
16 O.S. § 54 makes clear that discriminatory restrictive covenants in Oklahoma real estate records are null and void and cannot be used to restrict who may own or occupy property. If a tenant or prospective buyer encounters a property whose title appears to contain such language, this provision confirms that the covenant carries no legal force and cannot be enforced against them. Consulting a tenant-rights organization or fair housing agency can help individuals understand how this protection applies and what options exist if discriminatory covenant language is being improperly invoked.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 18, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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