Paying for Accessibility Modifications in West Virginia Rentals

If you rent a home or apartment in West Virginia and have a disability, you might wonder whether you or your landlord must pay for accessibility modifications, such as ramps or grab bars. Understanding your rights under state and federal law can help you get the accommodations you need while avoiding disputes.

What Are Accessibility Modifications?

Accessibility modifications are physical changes to a rental unit to help people with disabilities use and enjoy their homes. Examples include adding ramps, widening doors, installing grab bars, or lowering kitchen counters.

Legal Protections for Renters with Disabilities in West Virginia

Several laws protect renters with disabilities. The most important for renters are:

• The federal Fair Housing Act, which requires housing providers to allow reasonable modifications for people with disabilities
• The West Virginia Human Rights Act
• West Virginia’s Landlord-Tenant Law

These laws prohibit discrimination and require that renters with disabilities be given the opportunity for reasonable modifications at their own expense, unless otherwise provided by federal law.

Who Pays for Accessibility Modifications?

Typically, the renter is responsible for paying for accessibility modifications in their West Virginia rental, unless the property receives federal funding such as through HUD or Section 8, in which case the landlord may be required to pay.^[1]

• You must ask your landlord’s permission before making any modifications.
• Your landlord can require that modifications are completed in a professional and safe manner.
• Landlords can also require that you restore the property to its original condition when you move out, but only if it is reasonable to do so (for example, removing a wheelchair ramp but not widening a doorway).

Requesting Accessibility Modifications: Steps for Renters

Follow these steps to request accommodations from your landlord:

• Write a formal request to your landlord describing the modification and why you need it. Provide a doctor’s note, if possible.
• Wait for your landlord’s written approval before starting any work.
• If your landlord refuses or ignores your request, you can file a complaint with the West Virginia Human Rights Commission or the U.S. Department of Housing and Urban Development (HUD).

If you live in government-subsidized housing, check your lease or consult your local housing authority—different rules may apply, and the landlord might have to pay for modifications.

Forms Renters May Need

• Reasonable Accommodation/Modification Request Form (No standard state number)
  Use this form to request permission for a modification. While West Virginia does not have an official statewide form, many housing authorities or landlords will provide one. As an example, the HUD Sample Reasonable Accommodation Request Form shows what to include: your contact info, the requested change, and medical verification (if needed). Submit it to your landlord or property manager.
• West Virginia Human Rights Commission Housing Discrimination Complaint Form
  If your request is denied, use the Housing Discrimination Complaint Form to file a formal complaint. This can be completed online, or by mailing the form to the Commission.

Always keep a copy of any request or complaint you submit.

What Is the Tribunal for Renters in West Virginia?

West Virginia does not have a specialist residential tenancy tribunal. Disputes are typically handled in West Virginia Magistrate Court in the local county where the property is located. For discrimination or accessibility disputes, contact the West Virginia Human Rights Commission.

Relevant Laws and Resources

• Fair Housing Act – U.S. Department of Justice
• West Virginia Human Rights Act
• West Virginia Landlord-Tenant Law (Chapter 37, Article 6)

FAQs: Accessibility Modifications and Payment in West Virginia Rentals

1. Who is responsible for paying for accessibility modifications in West Virginia rentals?
   Usually, the renter pays for modifications, unless the building receives federal assistance, in which case the landlord may be responsible.
2. Can my landlord refuse my request for a reasonable modification?
   Landlords cannot deny reasonable modifications unless it fundamentally changes the property or is not technically feasible. They may ask for professional installation and reasonable restoration.
3. Do I need a specific form to request a modification?
   There is no official West Virginia state form, but you may use a written request or a template like the HUD sample request. Always submit to your landlord and keep a copy.
4. What if my landlord ignores or refuses my request?
   If denied, you may file a discrimination complaint with the West Virginia Human Rights Commission or HUD.
5. Will I have to pay to restore the premises when I move out?
   Landlords can require restoration if the modification would prevent future renters from enjoying the unit; however, you won’t have to restore changes like widened doors that don’t interfere with the property’s use.

Key Takeaways

• Renters generally pay for accessibility modifications in West Virginia, but there are exceptions.
• Always make written requests and keep documentation.
• Help is available from government agencies if your rights are not respected.

Need Help? Resources for Renters

• West Virginia Human Rights Commission: Handles discrimination and accessibility complaints for renters.
• U.S. Department of Housing and Urban Development – Fair Housing
• West Virginia Landlord-Tenant Law
• West Virginia Judiciary / Magistrate Court: For unresolved rental disputes.

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1. The Fair Housing Act, 42 U.S.C. §§ 3601 et seq; Fair Housing Act - U.S. Department of Justice
2. West Virginia Human Rights Act, W. Va. Code § 5-11-9(6); Text of the Act
3. West Virginia Landlord-Tenant Law, W. Va. Code § 37-6-30; Text of Chapter 37, Article 6

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