Medical Proof Requirements for Disability Accommodations in WV

If you are a renter with a disability in West Virginia, you may need changes to your housing—called reasonable accommodations—to have equal access to your home. Common accommodations include service animals, accessible parking, or modifications to units. Understanding whether your landlord can require medical proof is important for a smooth process and to protect your rights.

What Is a Reasonable Accommodation?

A reasonable accommodation is a change in policy, procedure, or physical space that allows a person with a disability to use and enjoy their rental home. Examples include allowing a service animal in a no-pet property or installing grab bars in a bathroom.

When Can a Landlord Ask for Medical Proof in West Virginia?

Under both the federal Fair Housing Act and the West Virginia Human Rights Act, landlords must consider accommodation requests for disabilities. They can request information to verify that:

• The renter (or household member) has a disability as defined by law
• There is a need for the specific accommodation requested

However, the landlord cannot require access to detailed medical records or ask about the precise nature of your disability. Usually, a letter from a healthcare provider or licensed professional is enough. Landlords may only ask for documentation if the disability or need is not obvious.

Example of Acceptable Proof

• A brief statement from your doctor or licensed therapist (no detailed diagnosis needed)
• A verification letter that you have a qualifying disability and that the accommodation is necessary

If your disability (such as needing a wheelchair) is obvious, further proof should not be demanded.

Official Forms You Might Use

While West Virginia does not provide an official statewide form for requesting disability accommodations, many renters use a Reasonable Accommodation Request Letter. Here’s how:

• Form Name: Reasonable Accommodation Request Letter (no official number)
• When Used: Submit this letter to your landlord when you need changes due to a disability, such as allowing a service animal or modifying a unit.
• How to Use: State your request clearly, mention your disability (without full diagnosis), and include a signed confirmation from a qualified professional.
• Official Example Template: See HUD's Joint Statement on Reasonable Accommodations, which provides sample language and guidelines.

How Landlords Must Handle Accommodation Requests

Landlords in West Virginia are required to review accommodation requests promptly and must not unreasonably deny or delay them. They can ask for limited documentation but cannot ask for more information than necessary.

• If your need or disability is obvious, the landlord should not ask for proof.
• If not, they may request a professional verification.
• Denying an accommodation without proper reason may be discrimination.

Where to File a Complaint

If you believe your rights have been violated, you may file a complaint:

• With the West Virginia Human Rights Commission (official website): This state body handles rental housing discrimination, including failure to accommodate disabilities.
  Housing Discrimination Complaint Form (PDF)
• With the U.S. Department of Housing and Urban Development (HUD): File online at HUD's housing discrimination site.

Key Laws Protecting Renters with Disabilities

• Federal Fair Housing Act
• West Virginia Human Rights Act

Both laws make it illegal to refuse reasonable accommodations, and provide pathways to make complaints if you experience discrimination.

FAQ: Renters’ Rights & Medical Proof in West Virginia

1. Can my landlord ask for my entire medical history when I request an accommodation?
   No. Landlords can only ask for enough information to confirm your disability and the need for accommodation. They cannot require full medical records.
2. What if my disability is visible?
   If your disability is obvious (such as using a wheelchair), landlords cannot require you to provide additional medical proof.
3. How do I prove my need for an emotional support animal?
   A brief letter from your doctor or therapist stating you have a disability and that the animal is necessary is usually sufficient. A diagnosis is not needed.
4. What can I do if my landlord denies my accommodation request?
   You can file a complaint with the West Virginia Human Rights Commission or HUD. Include your request, their response, and supporting documentation.
5. Is there a deadline for my landlord to respond?
   While West Virginia law does not set a strict deadline, landlords must act promptly and without unnecessary delay when reviewing accommodation requests.

Summary and Key Takeaways

• West Virginia landlords may request limited documentation for disability-related accommodations but not full medical records.
• Only proof of disability and necessity for the accommodation is needed; keep information general.
• If denied or delayed, renters can seek help from the West Virginia Human Rights Commission or HUD.

Need Help? Resources for Renters

• West Virginia Human Rights Commission (WV state housing discrimination complaints): 304-558-2616
• HUD Office of Fair Housing and Equal Opportunity
• HUD Reasonable Accommodation Guidance (PDF)
• Legal Resources for West Virginia Renters

---

1. Fair Housing Act, U.S. Department of Justice
2. West Virginia Human Rights Act (WV Code §5-11)
3. West Virginia Human Rights Commission
4. HUD Joint Statement on Reasonable Accommodations

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