Requesting Reasonable Accommodation as a Renter in West Virginia

If you are a renter with a disability in West Virginia, you have important rights under state and federal law. Reasonable accommodations are changes or exceptions to rules, policies, practices, or services that help make housing accessible for people with disabilities. This guide explains how to request a reasonable accommodation from your landlord, including what forms to use and the steps to protect your housing rights in West Virginia.

Understanding Reasonable Accommodation

Reasonable accommodation means a landlord or property manager must make fair adjustments—like allowing a service animal or providing a reserved parking space—if you have a disability that affects your housing. These requests are protected by the federal Fair Housing Act and West Virginia state law, including the West Virginia Fair Housing Act.^[1]

Common Examples of Reasonable Accommodation

• Allowing an emotional support or service animal in a “no pets” apartment
• Installing grab bars in a bathroom
• Providing a reserved accessible parking spot
• Flexible rent payment dates because of a disability-related income schedule

It is your right to request accommodations to help you enjoy your home equally, but requests must be reasonable and not impose undue hardship on your landlord.

How to Make a Request in Writing

While West Virginia law does not require a special form, a written request is your best protection. Clearly state your accommodation need, link it to your disability, and include any supporting documentation. Your landlord may ask for verification of your disability and the need for the requested accommodation.

• There is no official statewide form, but you can use a sample reasonable accommodation request letter from the U.S. Department of Housing and Urban Development (HUD) to guide you.^[2]

Example use: Maria, who uses a wheelchair, writes to her building manager requesting a ramp at the building entrance. She attaches a doctor’s note as documentation.

Action Steps for West Virginia Renters

• Send your written request to your landlord or property manager. Keep a dated copy for your records.
• If your landlord denies the request or ignores you, you have the right to file a complaint with the West Virginia Human Rights Commission, which handles tenant-landlord discrimination matters.^[3]
• Federal law also allows you to file with HUD’s Office of Fair Housing and Equal Opportunity.

If you file a complaint, you should complete the General Complaint Form – West Virginia Human Rights Commission (no form number).

Practical example: James is refused a ramp for his mobility device. He fills out the General Complaint Form, attaches his correspondence with the landlord, and submits it to the Human Rights Commission.

What If Your Request Is Unanswered or Denied?

If your landlord refuses your request without a valid reason, or does not respond within a reasonable time, you have protections under both state and federal law. The Human Rights Commission will review your complaint, investigate, and, if needed, offer mediation or pursue enforcement.

FAQ: West Virginia Renters and Reasonable Accommodation

1. Do I need a doctor’s note to request a reasonable accommodation?
   Often, yes. Your landlord can ask for documentation that you have a disability and need the accommodation, but they cannot ask for your full medical records.
2. How long does my landlord have to respond to my request?
   There’s no exact deadline in West Virginia law, but responses should be timely. If weeks go by with no answer, you can contact the Human Rights Commission.
3. Can my landlord charge me extra for a reasonable accommodation?
   No. Landlords cannot charge extra fees for accommodating a disability, and cannot require a pet deposit for a service animal.
4. What if my landlord threatens eviction after I ask for an accommodation?
   This could be retaliation, which is illegal. Contact the Human Rights Commission or HUD to file a complaint and seek protection.
5. Are private owners of small buildings covered by these laws?
   Most housing is covered, but there are exceptions for owner-occupied buildings with four units or fewer. Check with the Human Rights Commission if unsure.

Conclusion: Key Points for West Virginia Renters

• You have the right to request reasonable accommodation in your rental housing.
• Put your request in writing and keep documentation.
• If denied, you can file a complaint with the West Virginia Human Rights Commission or HUD.

Understanding these steps strengthens your ability to advocate for accessible housing in West Virginia.

Need Help? Resources for Renters

• West Virginia Human Rights Commission – Tenant Discrimination Complaints
• HUD Fair Housing Complaint Process
• General Complaint Form – West Virginia HRC (PDF)
• West Virginia Fair Housing Act (Full Text)

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1. See West Virginia Fair Housing Act, West Virginia Code Chapter 5, Article 11
2. Sample letter: Requesting a Reasonable Accommodation (HUD PDF)
3. Official tribunal: West Virginia Human Rights Commission

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