Senior Renters’ Rights and Protections in West Virginia

Seniors who rent their homes in West Virginia have specific protections under state and federal law. If you are aged 55 or older, you may qualify for housing types and support designed to ensure safety, dignity, and fair treatment. Understanding your rights can help you remain independent, secure, and free from discrimination while renting in West Virginia.

Who Qualifies for Senior Housing Protections?

Senior housing generally refers to properties—such as apartments or community homes—specifically designed for people aged 55 or older. Some properties have additional support services and are referred to as “housing for older persons.” In West Virginia, protections for senior citizens apply whether you rent in a special senior complex, multifamily unit, or private home, as long as the landlord offers housing to the public.

Main Protections For Senior Renters in West Virginia

Senior renters are shielded by both state and federal law. These include safeguards against age-related discrimination and unique rental challenges.

Anti-Discrimination Rights

• Age and Disability: Under the West Virginia Fair Housing Act, it is illegal for landlords to discriminate against someone because of their age or disability.
• Reasonable Accommodations: If you require changes—such as grab bars or service animal permission—a landlord must allow reasonable modifications at your expense. In some cases, you may request that these modifications be made and paid for by special housing programs.
• Federal Protections: The federal Fair Housing Act also applies, making it unlawful for a landlord to deny housing or impose different rules based on age, disability, or family status.

Eviction and Rent Increases

• No Unjust Evictions: Senior tenants cannot be removed from their homes without proper, legally compliant notice and for a valid reason under West Virginia Landlord-Tenant Law.
• Fair Notice for Rent Increases: Advance written notice (typically at least one full rental period, such as 30 days) is required for any rent increase. Make sure to check your lease and local requirements.

Maintenance and Safe Living Conditions

• Landlords must keep rental units safe and habitable, including working plumbing, heating, and access for those with mobility issues.
• For senior housing complexes, these standards may be higher, and some have on-call maintenance for urgent repairs.

Official Forms for Senior Renters

While there is no specific “senior housing” application form, the following forms are often used by seniors in West Virginia:

• Request for Reasonable Accommodation (HUD Form 90100):
  Used to formally ask your landlord for modifications, such as wheelchair ramps or grab bars. For example, if you use a walker, you may submit this form to request a ramp at your apartment entrance.
  Download HUD Form 90100
• West Virginia Fair Housing Complaint Form:
  If you face discrimination because of age or disability, use this form to file a complaint with the West Virginia Human Rights Commission.
  Download Fair Housing Complaint Form (PDF)

How to File a Fair Housing Complaint in West Virginia

If you believe you have been discriminated against in housing because of age or disability, you can file a complaint with the West Virginia Human Rights Commission—the official tribunal handling housing rights disputes for renters.

1. Fill out the Fair Housing Questionnaire.
2. Submit it via mail or fax to the West Virginia Human Rights Commission.
3. Await review and investigation. They will contact you to discuss next steps and gather evidence if necessary.

Key Legislation for Senior Housing in West Virginia

• West Virginia Fair Housing Act (WV Code §5-11)
• West Virginia Residential Landlord and Tenant Act (WV Code Chapter 37–6)
• Federal Fair Housing Act

These laws help ensure safe, equal access, and prevent discrimination for all renters, especially seniors and those with disabilities.

FAQ: West Virginia Senior Housing Protections

1. Can a landlord refuse to rent to someone because they are over a certain age?
   No. In most cases, refusing to rent to someone specifically because of their age or because they have a disability is prohibited under state and federal fair housing laws.
2. What do I do if my landlord won’t make reasonable accommodations for my disability?
   You should submit a written request (HUD Form 90100) and, if the issue isn’t resolved, file a Fair Housing Complaint with the West Virginia Human Rights Commission.
3. Are senior renters protected from sudden rent increases?
   Yes. West Virginia law requires landlords to give proper written notice—usually at least one full rental period—before any rent increase. Check your lease for details.
4. Does West Virginia offer rental assistance for low-income seniors?
   Yes. Federal HUD programs and the West Virginia Housing Development Fund offer rental assistance and subsidized housing options for seniors.
5. How can I get help if I’m facing eviction from senior housing?
   Contact the West Virginia Human Rights Commission and local legal aid services for support with your eviction case and to check if your rights have been violated.

Conclusion: Key Takeaways for Senior Renters

• Senior renters in West Virginia are protected by both state and federal law from discrimination and unsafe housing conditions.
• If you need a reasonable accommodation or face discrimination, there are official forms and agencies—like the Human Rights Commission—ready to help.
• Always act quickly if your rights are challenged. Help is available.

Need Help? Resources for Renters

• West Virginia Human Rights Commission – Tribunal for Fair Housing Complaints
• HUD Fair Housing - West Virginia Office – For federal protections and inquiries
• West Virginia Housing Development Fund – Rental assistance, senior housing options
• Legal Aid of West Virginia – Free legal help for renters

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1. West Virginia Fair Housing Act (WV Code §5-11)
2. West Virginia Residential Landlord and Tenant Act (WV Code Chapter 37–6)
3. West Virginia Human Rights Commission – Fair Housing Complaint Form (PDF)
4. HUD Form 90100 (Request for Reasonable Accommodation)
5. Federal Fair Housing Act

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