Understanding ADA and FHA Accessibility for West Virginia Renters

Accessibility is a crucial right for renters with disabilities in West Virginia. Both the Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA) set important standards, but they apply in different ways. If you’re a renter with a disability, or a loved one is, knowing how these laws protect you can help you secure reasonable accommodations and advocate for accessible housing.

Key Accessibility Laws for Renters in West Virginia

There are two main federal laws that address accessibility standards for housing and apartment complexes in West Virginia:

• Fair Housing Act (FHA): Covers most housing. Requires landlords to make reasonable accommodations and allow reasonable modifications for tenants with disabilities.
• Americans with Disabilities Act (ADA): Applies to public spaces, such as leasing offices, and some types of multi-family housing if open to the public.

West Virginia does not have a separate statewide residential tenancy tribunal. Instead, disputes usually go through West Virginia Magistrate Courts or the U.S. Department of Housing and Urban Development (HUD), depending on the issue.

What Protections Does the Fair Housing Act (FHA) Provide?

The FHA applies to nearly all rental properties. Under the FHA, landlords must:

• Permit tenants to make reasonable modifications to living spaces at their own expense (for example, installing grab bars or ramps).
• Allow reasonable accommodations in rules or policies that are necessary for a disabled tenant (like allowing a service animal in a "no pets" building).

Landlords cannot refuse to rent to someone based on a disability, or impose different rules because of a disability.

Where Does the ADA Apply for Renters?

The ADA is most relevant when it comes to public areas of housing, such as:

• Rental offices
• Common facilities open to the public
• Some government-funded housing

However, the ADA usually doesn’t cover individual rental apartments or privately-owned rental housing unless those areas are open to the general public.

Requesting Reasonable Accommodations or Modifications

If you need an accommodation or modification for a disability, follow these steps:

• Send a Reasonable Accommodation Request in writing to your landlord. Explain your need and how it relates to your disability. HUD has an optional Reasonable Accommodation/Modification Guidance.
• For changes to your unit (like installing ramps), outline your plans and who will do the work. Landlords cannot require you to use a specific contractor but can request it be done professionally.
• If your landlord denies your request, you can file a complaint with HUD using the Housing Discrimination Complaint Form (HUD Form 903).

Key Forms for Renters

• HUD Form 903 - Housing Discrimination Complaint
  Use this form to file a complaint if you believe your rights under the FHA have been violated. For example, if a landlord refuses a requested ramp.
  Official HUD Form 903 (PDF)
• Reasonable Accommodation or Modification Request (no standard state form)
  There is no required West Virginia or federal form for requesting accommodations, but it’s recommended to do so in writing. HUD Guidance on Requests

Understanding West Virginia Housing Laws

Landlord and tenant rights for West Virginia are specified under the West Virginia Code, Chapter 37, Article 6: Landlord and Tenant. These state rules work together with the FHA and ADA, meaning your landlord must comply with both federal and state law.

How to Take Action if Your Rights Are Violated

• Start by talking to your landlord. Reference the law and provide documentation.
• If that doesn’t resolve the issue, you may file a complaint with HUD or contact West Virginia Human Rights Commission.
• For unresolved disputes about tenancy, you may need to pursue action in West Virginia Magistrate Court.

Understanding your rights makes it easier to communicate with landlords and ensure you get the accommodations you need. If you’re unsure, seek legal support from an advocacy organization or use official resources linked below.

Frequently Asked Questions

1. Can my landlord in West Virginia refuse to rent to me if I have a disability?
   No. Under the Fair Housing Act, it is illegal to refuse to rent to someone because of a disability.
2. What if my landlord denies my request for a reasonable accommodation?
   You can file a complaint with HUD or the West Virginia Human Rights Commission if your request is denied without a valid reason.
3. Does the ADA apply to my apartment?
   The ADA mostly applies to public areas like rental offices. For your apartment itself, the FHA is the main law protecting accessibility rights.
4. Do I have to pay for modifications in my unit?
   Usually, tenants pay for modifications inside their units, but landlords must allow reasonable changes. Landlords can require removal or restoration at the end of the lease if reasonable.
5. Where can I get help with a housing discrimination complaint?
   You can contact HUD or the West Virginia Human Rights Commission for support and to file a complaint.

Key Takeaways

• Both the FHA and ADA offer important but different protections for renters with disabilities in West Virginia.
• Always make accommodation and modification requests in writing and keep a record.
• If your rights are denied, official complaint forms and resources are available to help you.

Remember, knowing your rights is the first step to securing safe and accessible housing.

Need Help? Resources for Renters

• U.S. Department of Housing and Urban Development (HUD): Fair Housing Resources
• West Virginia Human Rights Commission
• West Virginia Magistrate Courts: Landlord-Tenant Information
• West Virginia Code, Chapter 37, Article 6 – Landlord and Tenant Law
• U.S. Department of Justice: Fair Housing Enforcement

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1. ADA Housing Guidance
2. FHA National Program Information
3. West Virginia Landlord and Tenant Law, WV Code §37-6
4. HUD Form 903 (Housing Discrimination Complaint)
5. WV Human Rights Commission
6. WV Magistrate Courts – Landlord-Tenant Information

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