Is Source of Income Discrimination Illegal in West Virginia?

If you’re renting in West Virginia and pay your rent with a government voucher, disability benefits, or other aid, you may worry a landlord could deny your rental application because of your income source. This guide explains source of income discrimination in West Virginia, what rights and protections exist for renters, and what to do if you feel you’ve been treated unfairly due to your legally earned income.

Understanding Source of Income Discrimination

Source of income discrimination happens when a landlord refuses to rent to you—or treats you differently—specifically because of how you pay your rent. Examples include vouchers from Housing Choice (Section 8), Social Security, child support, or disability payments. Many renters nationwide rely on these sources to pay for safe housing.

What Are the Laws on Source of Income Discrimination in West Virginia?

As of 2024, West Virginia state law does not specifically ban source of income discrimination in rental housing. This means landlords can legally reject applicants or otherwise discriminate based on how a tenant pays rent, unless another law applies.

However, federal fair housing law—the Fair Housing Act—protects renters from discrimination based on race, color, national origin, religion, sex, familial status, and disability.^[1] "Source of income" is not included among these protected categories in West Virginia.

Local Protections

No West Virginia localities are known to have passed ordinances prohibiting source of income discrimination as of this year.^[2] If you’re renting in a city or county, check the West Virginia Residential Rental Agreements Act for up-to-date information and other tenant rights.

What Can You Do If You Experience Discrimination?

If you believe a landlord denied you housing or treated you differently for a reason protected by the Fair Housing Act (such as race, disability, or family status), you have options:

• File a fair housing complaint with HUD if you were discriminated against on a protected ground. This applies even if your income source is only part of the reason and other protected categories are also involved.
• Gather evidence, such as emails, rejection letters, or notes about what was said.
• Contact a local legal aid organization that assists renters with discrimination concerns.

Relevant Official Forms

• HUD Housing Discrimination Complaint Form (Form 903)
  Use if you believe you were discriminated against on a Fair Housing Act protected ground (for example, race or disability). Fill out and submit to the U.S. Department of Housing and Urban Development.
  Official HUD Form 903
  Example: If a landlord says they won’t accept Section 8 and also makes comments about your race, you should file this form with HUD.

Which Tribunal Handles Fair Housing Complaints?

In West Virginia, the U.S. Department of Housing and Urban Development's Office of Fair Housing and Equal Opportunity (FHEO) manages complaints related to fair housing. There is no separate state tribunal for rental discrimination related to source of income. All residential tenancy disputes are generally governed by state courts under the West Virginia Residential Rental Agreements Act.^[3]

Summary of Key Steps

While West Virginia does not ban source of income discrimination, you are protected from discrimination based on other covered reasons. If your rights are violated under federal law, you can:

• Submit a complaint using the HUD Form 903
• Contact HUD for help
• Reach out to a local or state legal assistance program for guidance

FAQ: Source of Income Discrimination in West Virginia

1. Is it legal for a landlord to reject Section 8 or voucher-holders in West Virginia?
   Yes, under current West Virginia law, landlords may refuse to accept Section 8 or other voucher holders, unless another law applies.
2. Does West Virginia have a state-level source of income anti-discrimination law?
   No, as of 2024, West Virginia does not have a law that prohibits landlords from discriminating based on a renter's source of income.
3. What federal protections do renters in West Virginia have?
   The Fair Housing Act prohibits discrimination based on race, color, national origin, religion, sex, disability, or familial status, but not income source.
4. What should I do if I believe I was discriminated against for a reason covered by the Fair Housing Act?
   File a complaint directly with HUD using Form 903, and consult with a local legal aid office.
5. Does any city or county in West Virginia have its own protections?
   No known local source of income protections exist as of this year, but it's wise to check with your city or county for updates.

Key Takeaways

• West Virginia does not ban source of income discrimination for renters.
• Federal law protects against discrimination for certain categories, but not income source.
• If you believe you were discriminated against for a protected reason, file a complaint with HUD.

Need Help? Resources for Renters

• HUD: File a Fair Housing Complaint
• HUD: Renting in West Virginia
• Legal Aid of West Virginia
• West Virginia Residential Rental Agreements Act

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1. Federal Fair Housing Act – U.S. Department of Housing and Urban Development
2. West Virginia Residential Rental Agreements Act – Official Statute
3. HUD Fair Housing Complaints – Official Process

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