West Virginia Tenant Rights: Familial Status Discrimination Explained

In West Virginia, renters are protected against unfair treatment based on familial status. This means landlords cannot refuse to rent, evict, or otherwise discriminate against tenants because they have children under 18, are pregnant, or are securing custody of a child. Understanding how federal and state fair housing laws apply in West Virginia can help families feel more secure in their homes.

What is Familial Status Discrimination?

Familial status discrimination refers to treating renters differently because they have children under 18, are pregnant, or are in the process of gaining legal custody of a child. Under the federal Fair Housing Act and West Virginia’s fair housing laws, it is illegal for landlords to:

• Refuse to rent or negotiate for housing to families with children
• Set different rules or restrictions for families (such as banning children from certain areas or charging higher deposits)
• Evict a tenant because their household composition changes (such as having a baby or adopting a child)
• Advertise housing as being suitable only for adults

How West Virginia Law Protects Renters

The West Virginia Fair Housing Act aligns with federal protections. It specifically prohibits familial status discrimination in the rental, sale, and terms of housing. Landlords cannot set occupancy limits that unreasonably restrict families or impose special conditions on tenants with children.

Are There Any Exceptions?

There are limited exceptions, such as for senior housing developments legally designated as "housing for older persons." These must meet strict federal requirements to exclude children lawfully.

Recognizing Signs of Familial Status Discrimination

Discrimination can be subtle or obvious. Watch for:

• Statements like "no children allowed" or "adults only" in rental ads
• Extra security deposits or higher rent for families
• Unequal access to amenities (e.g., pool or recreation areas denied to children)
• Sudden rule changes after a child joins your household

Filing a Discrimination Complaint in West Virginia

If you believe your renter rights have been violated, you can file a complaint with the West Virginia Human Rights Commission. The commission investigates housing discrimination, including cases involving familial status.

Official Form: Fair Housing Complaint

• Form Name: Housing Discrimination Complaint Form (WVHRC Housing Intake Questionnaire)
• When to Use: If you experience or witness discrimination by a landlord or property manager based on familial status.
• How to Use: Submit the completed form to the West Virginia Human Rights Commission as soon as possible after the incident.
• Access the Housing Discrimination Complaint Form here

Action Steps for Filing

• Contact the West Virginia Human Rights Commission and request a housing intake questionnaire.
• Complete the form with detailed information about what happened and who was involved.
• Attach any evidence, such as written communications, photos, or witness statements.
• Submit your completed form in-person, by mail, or by email as directed by the Commission.

Your complaint may also be filed directly with the U.S. Department of Housing and Urban Development (HUD), which provides similar protections nationwide.

West Virginia's Tenancy Tribunal

Unlike some states, West Virginia does not have a separate residential tenancies board. Housing discrimination complaints are managed by the West Virginia Human Rights Commission, which has the authority to investigate, mediate, and resolve disputes under the West Virginia Fair Housing Act.

FAQ: Familial Status Discrimination in West Virginia Rentals

1. Can a landlord refuse to rent to me because I have children?
   No. Landlords cannot refuse to rent or negotiate with a tenant simply because there are children under 18, except in specific senior housing situations.
2. What do I do if a landlord treats me differently after I have a baby or adopt a child?
   Document any unequal treatment and contact the West Virginia Human Rights Commission. You may file a complaint using their official form.
3. Are "adults-only" apartment ads legal in West Virginia?
   No. Advertising rental properties as "adults only" or "no children" is prohibited unless the property qualifies as senior housing under the law.
4. What types of evidence help support my complaint?
   Save all letters, emails, texts, advertisement copies, and notes from conversations. Witnesses can also provide helpful statements.
5. Is there a time limit to file a discrimination complaint?
   Yes, complaints should be filed within one year of the alleged discriminatory act, but it's best to act as soon as possible.

Key Takeaways

• West Virginia law protects renters from discrimination based on familial status.
• Families facing unfair treatment can file a complaint with the West Virginia Human Rights Commission.
• Keep detailed records and act quickly to protect your rights.

Need Help? Resources for Renters

• West Virginia Human Rights Commission – Main body for discrimination complaints, resources, and the Housing Intake Questionnaire
• U.S. Department of Housing and Urban Development – Fair Housing and Equal Opportunity
• Legal Aid of West Virginia – Guidance and support for renters facing housing discrimination
• West Virginia Fair Housing Act – Full Text

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1. Fair Housing Act - U.S. Department of Justice
2. West Virginia Fair Housing Act
3. West Virginia Human Rights Commission - Official Site
4. File a Fair Housing Complaint - HUD

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