LGBTQ+ Fair Housing Rights for Renters in West Virginia

Renters in West Virginia deserve to live free from discrimination. If you identify as LGBTQ+, understanding your housing protections is essential. This article explains current LGBTQ+ housing rights for renters in West Virginia, how to file a discrimination complaint, and where to turn for official help.

Your Rights as an LGBTQ+ Renter in West Virginia

In the United States, federal law protects against housing discrimination based on certain characteristics. Thanks to a recent interpretation, this includes sexual orientation and gender identity. However, it's important to know what is protected under both federal and state law in West Virginia.

Federal Fair Housing Act Coverage

• The federal Fair Housing Act forbids housing discrimination based on race, color, national origin, religion, sex (including sexual orientation and gender identity), familial status, or disability. ^[1]
• This means it is illegal for landlords or housing providers to refuse to rent, set different terms, or harass you because you are LGBTQ+.
• The U.S. Department of Housing and Urban Development (HUD) enforces these protections for all renters in West Virginia. ^[2]

West Virginia State Law

• While West Virginia’s state fair housing law (West Virginia Human Rights Act) does not currently list sexual orientation or gender identity as protected classes, federal law covers these characteristics statewide. ^[3]
• Cities such as Morgantown and Charleston have local ordinances providing explicit LGBTQ+ housing protections. Check your local city code for additional rights.

Recognizing Housing Discrimination

Housing discrimination can take many forms. If you are treated unfairly by a landlord or property manager because you are LGBTQ+, you may be facing discrimination. Examples include:

• Refusing to rent to you because of your sexual orientation or gender identity
• Evicting or threatening eviction on these grounds
• Charging higher rents or imposing different terms
• Harassment or intimidation tied to who you are

What To Do If You Experience Discrimination

If you believe your rights have been violated as an LGBTQ+ renter in West Virginia, you can file a complaint with HUD, West Virginia Human Rights Commission, or your local city if additional ordinances exist. Acting quickly and documenting your experience is important.

Key Official Form: HUD Housing Discrimination Complaint Form (HUD-903)

• Form Name: Housing Discrimination Complaint Form (HUD-903)
• When & How Used: Use this form if you believe you’ve experienced housing discrimination. Submit it online, by mail, email, or phone. HUD will investigate your complaint.
• Link: Submit a complaint to HUD
• Example: If a landlord rejects your rental application and mentions your gender identity, you can file this form to start an investigation.

How Complaints Are Handled in West Virginia

• The West Virginia Human Rights Commission (WVHRC) reviews fair housing complaints under state and federal law.
• You can also contact your city’s local human rights body if your area has one.

How to File a Discrimination Complaint as an LGBTQ+ Renter

Here’s a simple outline of what to do if you need to file a complaint:

• Gather all proof: correspondence, notes, application rejections, and witness information if available.
• Fill out and submit the HUD complaint form or contact WVHRC. Give as many details as possible.
• Respond promptly if HUD or WVHRC contacts you for more information.

The process can take time, but every complaint helps protect the rights of all West Virginia renters.

FAQ: LGBTQ+ Housing Rights in West Virginia

1. Can my landlord evict me for being LGBTQ+ in West Virginia?
   No. Federal law prohibits eviction based on sexual orientation or gender identity.
2. Does West Virginia have its own LGBTQ+ housing laws?
   West Virginia’s statewide law does not specifically protect LGBTQ+ renters, but federal law does. Some cities may offer extra provisions.
3. What should I do if I experience discrimination from my landlord?
   File a complaint using HUD’s online discrimination complaint form or contact the West Virginia Human Rights Commission.
4. Who handles housing discrimination complaints in West Virginia?
   The West Virginia Human Rights Commission is the state authority, and HUD handles federal cases.
5. Does applying to HUD cost anything?
   No, filing a housing discrimination complaint with HUD is free.

Key Takeaways for Renters

• Federal law protects LGBTQ+ renters from discrimination in West Virginia.
• Complaints can be filed directly with HUD or the West Virginia Human Rights Commission using the official forms.
• Document any incidents of possible discrimination and act quickly if you believe your rights are violated.

Need Help? Resources for Renters

• West Virginia Human Rights Commission – (304) 558-2616
• HUD Office of Fair Housing and Equal Opportunity – (800) 669-9777
• Summary of Fair Housing Act Protections (U.S. Department of Justice)
• Check your local city government website for additional LGBTQ+ ordinances or assistance

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1. Fair Housing Act (Title VIII of the Civil Rights Act of 1968).
2. HUD: Equal Access Rule and Protections for LGBTQ+ Americans.
3. West Virginia Human Rights Act (WV Code §5-11).

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