West Virginia Fair Housing Protected Classes Explained

As a renter in West Virginia, understanding your rights under state and federal Fair Housing laws is essential—especially when it comes to protection against discrimination. West Virginia law defines specific groups, known as “protected classes,” that cannot be treated unfairly by landlords when renting or seeking housing. This article explains these protected groups, the laws in place, and what you can do if you believe your rights have been violated.

Who is Protected Under West Virginia Fair Housing Laws?

Both the federal Fair Housing Act and West Virginia Human Rights Act safeguard renters from discrimination by landlords, property managers, and housing providers. In West Virginia, it’s unlawful for these individuals to discriminate because of:

• Race
• Color
• Religion
• Sex
• Disability (physical or mental)
• National Origin
• Familial Status (including presence of children or pregnancy)
• Ancestry

Landlords cannot refuse to rent, change terms, or treat you differently based on these characteristics. For a full list and definitions, see the West Virginia Human Rights Commission overview.

How West Virginia Law Protects Renters

The West Virginia Human Rights Act (W. Va. Code §5-11-1 et seq.) and the federal Fair Housing Act both prohibit housing discrimination. Some counties or cities may also provide extra protections for renters, but statewide, the categories listed above are guaranteed rights.

Examples of Housing Discrimination

• Refusing to rent or renew a lease because of your religion or national origin
• Imposing different rental terms or deposit requirements due to a disability
• Making discriminatory statements in rental ads
• Denying families with children access to certain apartments

Filing a Fair Housing Complaint in West Virginia

If you think you’ve been treated unfairly, you have the right to file a housing discrimination complaint. In West Virginia, the official agency handling these matters is the West Virginia Human Rights Commission (WVHRC).

How to File a Complaint

• Contact the WVHRC or visit their File a Complaint page to start the process.
• Complete the "WVHRC Housing Intake Questionnaire"—this form helps the Commission understand your situation and begin investigating.
• You can file within one year of the alleged discriminatory act; sooner is recommended for best results.

Here’s a practical example: If your landlord posted an advertisement that says “no children allowed,” you could fill out the Housing Intake Questionnaire, describing what happened and attaching evidence, such as the advertisement itself.

Relevant Forms

• WVHRC Housing Intake Questionnaire – Use this to initiate your housing discrimination complaint. Download the official questionnaire.

This form asks for your contact details and a description of the alleged discrimination. Submit it to the address or email provided by the WVHRC. Their staff will follow up with instructions and the next steps.

Which Agency Handles Housing Disputes?

The West Virginia Human Rights Commission is the official body investigating housing discrimination, resolving disputes, and enforcing state laws regarding protected classes.

FAQ: West Virginia Fair Housing Protected Classes

1. What is considered a protected class in West Virginia housing law?
   Protected classes are groups for whom the law specifically forbids housing discrimination. In West Virginia, these include race, color, religion, sex, disability, national origin, ancestry, and familial status.
2. How can I prove housing discrimination?
   Keep any written communication, advertisements, or witness statements showing unfair treatment due to your protected status. You can submit this evidence with your complaint form.
3. Do disabilities include mental health conditions under West Virginia law?
   Yes. Disabilities protected by the West Virginia Human Rights Act cover both mental and physical conditions.
4. What should I do if I'm denied housing based on my family size?
   This may violate protections for "familial status." File a complaint with the West Virginia Human Rights Commission as soon as possible.
5. Are there any local or city-specific protected classes in West Virginia?
   Some cities may add categories (like sexual orientation), but the statewide protections are those described above. Check with your local government for more details.

Key Takeaways for Renters

• West Virginia law protects you from discrimination based on race, color, religion, sex, national origin, disability, ancestry, and familial status.
• If you face discrimination, file a complaint with the West Virginia Human Rights Commission using the official form.
• Document every instance and act quickly for the best chance of resolution.

Need Help? Resources for Renters

• West Virginia Human Rights Commission — The official agency for reporting and resolving housing discrimination.
• Filing a Complaint: WVHRC Guidance
• HUD Fair Housing Complaint Process — Federal complaint options.
• For legal information, see the West Virginia Human Rights Act (W. Va. Code §5-11-1 et seq.).
• Local legal aid organizations can also assist—ask the WVHRC for referrals.

---

1. See: West Virginia Human Rights Act (W. Va. Code §5-11-1 et seq.) – main state law on housing discrimination
2. Fair Housing Act (Title VIII of the Civil Rights Act of 1968): federal protections
3. West Virginia Human Rights Commission (WVHRC) – official housing tribunal/board
4. Intake and complaint forms: WVHRC complaint instructions and forms

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations