Illegal Rental Advertisement Language in West Virginia

In West Virginia, renters deserve access to fair and equal housing opportunities. Clear rules exist around how rentals can be advertised, ensuring no one is excluded or discouraged because of who they are. Understanding what language landlords and agents cannot use in rental ads is crucial for everyone searching for a home.

Understanding Discriminatory Language in Rental Ads

West Virginia follows federal Fair Housing Act protections, making it illegal to use advertising language that excludes or discourages people based on certain personal characteristics. This ensures all renters get an equal chance at safe, suitable housing options.

Protected Characteristics Under the Law

It is illegal to advertise rentals indicating a preference or limitation based on these protected characteristics:

• Race or color
• National origin
• Religion
• Sex (including gender identity and sexual orientation)
• Disability
• Familial status (including presence of children under 18)

These protections apply both under the federal Fair Housing Act and within West Virginia through the West Virginia Fair Housing Act.^1,2

Examples of Illegal Advertising Language

In West Virginia, rental ads cannot include phrases such as:

• "No children" or "Adults only"
• "Christian home" or "Jewish community preferred"
• "No wheelchairs" or "Able-bodied tenants only"
• "Perfect for single professionals" (if used to discourage families)
• "English speakers only"

Any suggestion that people are welcome or unwelcome because of their status in a protected class is forbidden.²

What Language Is Allowed?

Describing the property’s features or policies (such as "no smoking," "one pet per unit," or "second-floor apartment") is usually permitted—provided it does not discourage protected groups. The key is focusing on the property itself, not the potential tenant’s traits.

Tip: If you’re unsure about a phrase in a rental ad, review HUD’s fair housing rights overview or contact a local fair housing office for advice.

Reporting Discriminatory Rental Ads in West Virginia

If you believe a West Virginia rental ad uses illegal language, you have several official avenues to report it. West Virginia’s main agency for housing discrimination complaints is the West Virginia Human Rights Commission.

• Who can file? Any renter, applicant, or advocate who observes or experiences discriminatory ad language.
• When to file? As soon as you spot the rental listing or experience discrimination.

Relevant Forms: "Complaint of Discrimination"

• Form Name: Complaint of Discrimination (No formal number)
• When Used: File this form if you believe a landlord, agent, or property manager has advertised a rental in a discriminatory way.
• How to File: Download the form from the West Virginia Human Rights Commission complaints page, then submit it by mail, in person, or via email as directed on the form.

Practical Example: If you find a rental ad saying "No kids allowed," you can fill out this complaint form, attach a copy of the ad, and send it to the Human Rights Commission for investigation.

The Tribunal Handling Renters’ Discrimination Complaints

The West Virginia Human Rights Commission is the official body that resolves discrimination cases, including those involving rental advertising. The Commission investigates complaints, can hold hearings, and issue rulings to enforce fair housing laws.²

What Happens After Filing a Discrimination Complaint?

After your complaint is submitted, the Commission will:

• Review the documentation and details you provide
• Contact you for further information as needed
• Investigate the landlord or property manager’s actions
• Attempt mediation or, if needed, schedule a hearing

Resolution can involve requiring changes to advertisements, compensation, or other remedies for affected renters.

FAQ: Rental Advertising Discrimination in West Virginia

1. What if a landlord says “no pets”?
   "No pets" is allowed, as pets are not a protected class. However, landlords must make reasonable accommodations for service or support animals—they are not considered pets under fair housing laws.
2. Can an ad specify “quiet professionals only”? No. Ads that suggest a preference for a type of tenant (such as "professionals only") may discourage families with children or people with disabilities—that’s likely illegal under state and federal law.
3. What should I do if I see a discriminatory ad? Collect a copy or screenshot of the ad, then file a Complaint of Discrimination with the West Virginia Human Rights Commission. Keep all records for your case.
4. Are roommate ads covered by fair housing laws? Generally, roommate requests (where you are seeking someone to share your living space) may have more flexibility, but landlords and property managers advertising entire units must always follow fair housing rules.
5. Is language about "crime-free tenants" allowed? Wording that discriminates based on criminal history may be challenged if it unfairly impacts protected groups. Review HUD’s guidance on criminal background checks in housing for more details.

Key Takeaways

• Rental ads in West Virginia must not limit or prefer tenants based on protected characteristics such as race, religion, sex, or disability.
• If you spot an ad using illegal language, gather evidence and file a complaint with the Human Rights Commission.
• Official forms and guidance can be found on the Human Rights Commission website—always follow fair and equal housing guidelines.

Need Help? Resources for Renters

• West Virginia Human Rights Commission: Investigates housing discrimination and provides complaint forms.
• U.S. Department of Housing and Urban Development (HUD) – Fair Housing Resources and complaint portal
• West Virginia Fair Housing Act – Official legislation text

---

1. Fair Housing Act (federal)
2. West Virginia Fair Housing Act

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