Filing a Housing Discrimination Complaint in West Virginia

If you believe you have faced housing discrimination in West Virginia, it’s important to know your rights and how to take action. Both federal and West Virginia laws protect renters from discrimination based on race, color, religion, national origin, sex, disability, and familial status. Understanding how to file a complaint can help you protect your right to fair housing.

What Is Housing Discrimination?

Housing discrimination occurs when a landlord, rental agent, or property owner treats a renter unfairly because of characteristics covered by law, such as refusing to rent, setting different terms, or advertising with a discriminatory preference. West Virginia follows both the federal Fair Housing Act and state laws that reinforce these protections.

Your Rights Under West Virginia Fair Housing Laws

In West Virginia, the West Virginia Fair Housing Act and the federal Fair Housing Act protect renters from discrimination. These laws cover:

• Refusal to rent or negotiate for housing
• Offering different rental terms or privileges
• Restrictions in advertising
• Denying accommodations to people with disabilities

If you experience any of these, you can file a complaint.

Where to File a Housing Discrimination Complaint in West Virginia

The West Virginia Human Rights Commission (WVHRC) is the agency that handles housing discrimination complaints in the state. You can also file a complaint with the U.S. Department of Housing and Urban Development (HUD). It is possible to file with one or both agencies, but starting with WVHRC is the most direct step for state-level cases.

How to File a Housing Discrimination Complaint

Filing a complaint involves gathering relevant information and using the correct official form. Here’s how to proceed:

1. Gather Evidence

• Write down what happened, including dates, times, addresses, and names of people involved.
• Save any documents, emails, texts, or advertisements that show potential discrimination.

2. Complete the Official Complaint Form

• West Virginia Human Rights Commission Intake Questionnaire (No form number): This is the first step for renters filing a complaint through WVHRC. It collects initial details about your claim.
  Download the WVHRC Intake Questionnaire
  Example use: If your landlord refused to rent to you after learning you have children, fill out the Intake Questionnaire with the event details and submit to the WVHRC.
• HUD Form 903 Online Complaint: If you wish to file at the federal level or in addition to WVHRC, complete the HUD complaint form online.
  Submit a HUD Fair Housing Complaint Online
  Example use: If your complaint involves multiple states or a federally funded property, use the HUD online form in addition to the state form.

Completed WVHRC forms can be mailed, faxed, or emailed to their office. Confirm receipt if unsure.

3. What Happens Next?

After submitting your complaint, the Human Rights Commission will review and may investigate your case. They may reach out for interviews or additional information. Most cases are settled through mediation, but some move to a formal hearing.

Relevant State Legislation Covering Tenant Protections

West Virginia laws for renters are found in West Virginia Code Chapter 37, Article 6A – Residential Rent and Security Deposits. For fair housing, see West Virginia Fair Housing Act.
You can learn more at the WV Human Rights Commission, which oversees residential discrimination complaints.

FAQs for West Virginia Renters

1. What if my landlord retaliates after I file a complaint?
   West Virginia law prohibits retaliation for filing a legitimate discrimination complaint. If you experience eviction threats or harassment after filing, notify the Human Rights Commission and keep records of all interactions.
2. Do I need a lawyer to file a discrimination complaint?
   No, you are not required to have a lawyer to file with the WVHRC or HUD. However, having legal advice may help you understand your options and protect your rights.
3. How long do I have to file my complaint?
   You generally have one year from the last date of alleged discrimination to file a fair housing complaint with WVHRC or HUD. It’s best to act as soon as possible.
4. Can I resolve the case through mediation?
   Yes, many fair housing complaints are resolved through voluntary mediation or settlement, saving time and reducing conflict.
5. What disabilities are protected under West Virginia law?
   Physical, mental, and emotional disabilities are protected. The law also requires landlords to provide reasonable accommodations for renters with disabilities.

Need Help? Resources for Renters

• West Virginia Human Rights Commission — Report discrimination and get guidance on your rights.
• U.S. Department of Housing and Urban Development Office of Fair Housing — File a federal complaint or find national resources.
• Legal Aid of West Virginia — Free legal assistance for qualifying tenants.
• CFPB Housing Resources — Consumer guidance for renters and homeowners.

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1. West Virginia Fair Housing Act
2. West Virginia Human Rights Commission (WVHRC)
3. U.S. Fair Housing Act Overview
4. West Virginia Code - Residential Rent and Security Deposits

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