Proving Discriminatory Rental Screening in West Virginia

If you believe you’ve faced unfair treatment during a rental screening process in West Virginia—such as being denied housing, given stricter requirements, or treated differently because of your race, disability, family status, or other protected characteristics—it’s important to know your rights and the steps you can take. West Virginia follows federal Fair Housing Act rules as well as its own state-level protections, which prohibit discrimination in most rental situations.^[1]

What Is Rental Screening Discrimination?

Discriminatory rental screening happens when a landlord or property manager uses the application process—such as interviews, credit checks, or reference requests—to unfairly treat or exclude renters based on protected characteristics. These include:

• Race or color
• National origin
• Religion
• Sex
• Disability
• Familial status (such as having children)

West Virginia’s Human Rights Act adds protection for age and blindness.^[2]

Signs of Discriminatory Screening Practices

Discrimination is often subtle. Watch for these warning signs during your rental application process:

• You are told the unit is no longer available, but it is later rented to someone with different characteristics
• You’re charged higher deposits or have stricter requirements placed on you, while others are not
• Unusual questions about your background, religion, family, or disability
• You’re denied reasonable accommodations if you have a disability

Gathering Evidence of Discrimination

To make a case, you’ll need to collect clear evidence. Document the entire application process:

• Keep all written communications (emails, texts, letters) with the landlord or agent
• Save any application forms or instructions you receive
• Take notes on any verbal conversations, including date, time, and what was discussed
• Compare your treatment with that of other applicants, if possible
• Ask for a written explanation if you’re denied a rental, especially after you’ve paid an application fee

If you suspect discrimination, taking these steps will help support your claim later.

Filing a Fair Housing Complaint in West Virginia

The West Virginia Human Rights Commission is the main board handling rental discrimination cases in the state. You can also file a complaint with the U.S. Department of Housing and Urban Development (HUD) if the issue concerns federal law.

Official Forms for Complaints

• West Virginia Human Rights Commission Complaint Form (download the form and instructions here)
  When to use: Use this form if you feel a landlord discriminated against you during any part of the housing process, including screening.
  How to use: Fill in your details, describe what happened, and attach your documentation. Submit the form online, by mail, or in person as outlined on the official site.
• HUD Housing Discrimination Complaint Form (Form 903) (submit online here)
  When to use: If your situation involves a violation of federal law, such as the Fair Housing Act.
  How to use: Complete your information and details of your experience and submit directly to HUD.

Filing Your Complaint: Steps for Renters

Here’s a summary of the process if you want to file a complaint with the West Virginia Human Rights Commission:

• Fill in the Human Rights Commission Complaint Form, providing clear details and any supporting evidence
• Submit the form through the Commission’s official portal or mailing address
• The Commission reviews your complaint and may contact you for more information or to begin an investigation

Relevant Legislation Protecting Renters

• West Virginia Human Rights Act (WV Code §5-11)
• Federal Fair Housing Act

Both protect you from discrimination in most private and public housing.

FAQ: Proving Discriminatory Screening in West Virginia

1. What if a landlord claims my credit or background was the issue?
   Landlords may set reasonable, consistent screening criteria. If you suspect the standards aren’t applied to all applicants equally, document the differences and request a written explanation from the landlord.
2. Can I request records or applications from other tenants?
   No, but you can ask other tenants about their experience or watch for signs of different treatment. Your own documentation is key.
3. How long do I have to file a complaint in West Virginia?
   In most cases, you need to file with the West Virginia Human Rights Commission within 365 days (one year) of the alleged discrimination.
4. Do I need a lawyer to file a complaint?
   No, but having one may help, especially if your case goes to a hearing or you seek damages. Many advocacy groups offer free assistance.
5. What happens after I file a complaint?
   The Human Rights Commission will investigate, may mediate a settlement, or could hold a hearing if necessary. They will guide you on what to expect at each step.

Need Help? Resources for Renters

• West Virginia Human Rights Commission – File discrimination complaints and learn more about your rights.
• HUD Fair Housing and Equal Opportunity – West Virginia – Federal level complaints and information.
• Legal Aid of West Virginia – Free support and legal information for renters.
• Mountain State Justice – Tenants Rights

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1. Fair Housing Act (U.S. Department of Justice)
2. West Virginia Human Rights Act (WV Code §5-11)

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