What fair housing laws must landlords follow?
This rental guidance was reviewed by the Tenants & Landlords Intelligence Team, specializing in lease agreements, notices, rent disputes, deposits, evictions, and tenant-landlord operational procedures.
Fair Housing Laws West Virginia Landlords Must Follow
As a landlord operating in West Virginia, it is crucial to understand and comply with fair housing laws designed to prevent discrimination in the rental of housing. These laws ensure all prospective and current tenants have equal access to housing opportunities regardless of certain protected characteristics. Compliance not only helps landlords avoid legal penalties but also fosters a fair and inclusive rental market.
Federal Fair Housing Laws Applicable in West Virginia
West Virginia landlords are primarily governed by the federal Fair Housing Act (FHA), which prohibits discrimination in housing-related activities. The act applies to landlords, property managers, real estate agents, and others involved in housing.
Protected Classes under the Fair Housing Act:- Race
- Color
- National origin
- Religion
- Sex (including gender identity and sexual orientation)
- Familial status (presence of children under 18 in the household)
- Disability
- Advertising rental properties
- Screening and selecting tenants
- Setting rental terms and conditions
- Managing tenancy and eviction decisions
West Virginia State Fair Housing Laws
In addition to federal law, West Virginia enforces its own fair housing provisions through the West Virginia Human Rights Act. This law mirrors many protections under the FHA and strengthens anti-discrimination requirements.
Additional Protections Under West Virginia Law Include:- Age (some provisions may apply in specific contexts)
- Marital status
- Ancestry
Key Fair Housing Compliance Points for West Virginia Landlords
1. Nondiscriminatory Advertising
- Avoid language or images that indicate preferences or limitations based on a protected class.
- For example, listing a property as “ideal for single professionals” could be discriminatory against families with children.
- Use inclusive and neutral language that welcomes all qualified applicants.
2. Equal Treatment in Tenant Screening
- Apply the same screening criteria consistently to all applicants.
- This includes income requirements, credit checks, rental history, and background checks.
- Do not impose stricter terms or refuse applicants based on protected characteristics.
- If reasonable accommodations are requested for applicants or tenants with disabilities (such as service animals or modifications), landlords must provide them unless it causes undue hardship.
3. Fair Lease Terms and Conditions
- Do not impose different lease terms, deposits, or fees based on race, color, religion, sex, familial status, disability, or other protected classes.
- Treat all tenants fairly in lease enforcement, renewals, and rent adjustments.
4. Handling Disability Accommodations
- West Virginia landlords must make reasonable accommodations in rules, policies, or services to enable a person with a disability equal use and enjoyment of the property.
- Examples include allowing service animals in a no-pet building, providing reserved parking, or permitting necessary modifications at the tenant’s expense.
- Engaging in an interactive process with the tenant to determine reasonable accommodations is recommended.
5. Avoiding Retaliation
- It is illegal to retaliate against tenants who file fair housing complaints or assert their rights under housing laws.
- Retaliation can include eviction, rent increases, or harassment.
Enforcement and Remedies
Landlords who violate federal or state fair housing laws in West Virginia may face:- Investigations and enforcement actions by the U.S. Department of Housing and Urban Development (HUD) or West Virginia Commission on Human Rights
- Civil penalties, damages to victims, and attorney fees
- Injunctions to stop discriminatory practices
- HUD within one year of the alleged discrimination
- West Virginia Human Rights Commission, which provides state-level enforcement
Additional Resources for West Virginia Landlords
- West Virginia Commission on Human Rights: Provides guidance on state fair housing laws and complaint procedures.
- U.S. Department of Housing and Urban Development (HUD): Offers extensive information on federal fair housing rules.
- Local legal aid and landlord associations: These organizations frequently provide training and support to help landlords understand compliance.
Conclusion
Fair housing compliance is a fundamental responsibility for West Virginia landlords. By understanding and adhering to both federal and state laws prohibiting discrimination, landlords can create equitable rental opportunities and reduce risk of costly legal issues. Ensuring nondiscriminatory advertising, consistent tenant screening, reasonable accommodations for disabilities, and fair lease practices will help West Virginia landlords operate within the framework of the law and promote inclusive communities.