Understanding Occupancy Standards & Fair Housing in West Virginia

As a renter in West Virginia, you may face questions about how many people you can have living legally in your rental unit. Understanding reasonable occupancy standards under fair housing laws is essential. This article explains what those standards mean, your protections against discrimination, and what to do if your landlord tries to enforce unfair occupancy limits.

What Are Reasonable Occupancy Standards?

Occupancy standards refer to rules about how many people can legally live in a rental home or apartment. In West Virginia, there isn't a state-specific occupancy law, but federal fair housing guidelines apply. These guidelines—set by the U.S. Department of Housing and Urban Development (HUD)—aim to make sure occupancy limits are fair, reasonable, and not used to discriminate against families or protected groups.

General Occupancy Guidance

• The common standard is "two people per bedroom." For example, a two-bedroom apartment could house approximately four people.
• Landlords can sometimes make exceptions based on the size or layout of the unit, the ages of children, or other factors.
• Occupancy standards must not be used to unfairly target families with children or other protected classes under the Fair Housing Act.^[1]

Unreasonable limits—like refusing to rent to families or limiting children—are unlawful under fair housing laws.

How Do Occupancy Standards Relate to Fair Housing?

The Fair Housing Act protects renters from discrimination based on familial status (having children under 18 in your household), race, color, religion, sex, national origin, or disability. This means:

• Landlords can't set stricter occupancy standards for families with children than for adult tenants.
• Any occupancy policy must apply equally to all renters.
• If you believe you've been denied housing or threatened with eviction due to your family size—or other protected status—you have a right to file a complaint.

When Can a Landlord Legally Limit Occupancy?

Landlords can set occupancy limits for legitimate health and safety reasons. They can consider:

• The number and size of bedrooms
• The overall square footage of the unit
• Building code or local ordinance requirements (though most West Virginia localities simply default to HUD guidance)

However, these standards must not be arbitrary or enforced differently against families with children.

How to Respond to Unfair Occupancy Limits in West Virginia

If you believe your landlord is using occupancy standards in a discriminatory way, you have options:

• Ask your landlord to clarify which standard they are following. Many rely on HUD's guidance—two persons per bedroom—but must also account for the specifics of your unit and family.
• Review your local building codes, although most West Virginia towns and cities reference federal standards.
• Document any statements, emails, or notices related to occupancy.
• You can file a fair housing complaint if you feel your rights have been violated (see official forms below).

Relevant Forms for West Virginia Renters

• West Virginia Fair Housing Complaint Form (available via the West Virginia Human Rights Commission)
  • Download the Fair Housing Complaint Form
  • When to use: If you believe your landlord has discriminated against you—including using unfair occupancy limits—complete and submit this form.
  • Example: If your landlord refuses to let a child live in a unit with parents, use this form to start a complaint.
• HUD Form 903 Online Complaint
  • Submit a Fair Housing Discrimination Complaint to HUD
  • When to use: To report any housing discrimination under federal law—including occupancy issues—anywhere in West Virginia.
  • Example: You’re told your family is too large for a unit, but you believe this is discriminatory. Submit HUD Form 903 to start an investigation.

You may also contact the West Virginia Human Rights Commission to begin the process or get support.^[2]

Which Tribunal Handles Tenant Complaints?

Fair housing complaints related to occupancy standards and discrimination in West Virginia are primarily handled by the West Virginia Human Rights Commission. They investigate allegations under both state and federal law. They can be contacted at 304-558-2616 or via their official contact page.

Relevant Legislation in West Virginia

• West Virginia Fair Housing Act – Outlines state protections and rights.
• Federal Fair Housing Act (Title VIII) – Nationwide protections against housing discrimination.
• If you face related repair, entry, or eviction issues, review the West Virginia Landlord-Tenant Act.

Most West Virginia landlord-tenant protections and fair housing enforcement are grounded in these laws.^[3],[4]

FAQ: West Virginia Renters & Occupancy Standards

1. How many people can live in a rental unit in West Virginia?
   Generally, up to two people per bedroom is considered reasonable. However, exceptions can be made for the size of the unit or special circumstances. Occupancy standards must not be used to discriminate against families or protected classes.
2. Can my landlord refuse to rent to me because I have children?
   No. Refusing to rent to families with children is prohibited under both federal and state fair housing laws.
3. What should I do if I believe I'm being discriminated against because of occupancy limits?
   You can file a complaint with the West Virginia Human Rights Commission or HUD. Save all written communications as evidence.
4. Are there official forms to report occupancy discrimination?
   Yes. Use the West Virginia Fair Housing Complaint Form or the HUD Fair Housing Complaint Form 903.
5. Is my local township allowed to enforce stricter occupancy codes?
   Some localities may have additional requirements, but standards must still comply with fair housing laws and be applied consistently to all renters.

Summary and Key Takeaways

• Occupancy rules in West Virginia must be fair and not used as an excuse for housing discrimination.
• The common guideline is two people per bedroom, but situations vary and families with children are protected under federal and state law.
• If you experience discriminatory treatment, official forms and support are available to you at both state and federal levels.

Know your rights, keep documentation, and don't hesitate to contact support if you believe those rights are being violated.

Need Help? Resources for Renters

• West Virginia Human Rights Commission – Handles fair housing complaints and provides guidance.
• HUD Office of Fair Housing and Equal Opportunity – For national fair housing issues and complaints.
• West Virginia Fair Housing Act – Read the state’s official housing discrimination law.
• West Virginia Landlord-Tenant Act – Useful for general landlord-tenant rights.

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1. HUD Guidance on Fair Housing Act Occupancy Standards
2. West Virginia Human Rights Commission – Official Website
3. West Virginia Fair Housing Act (W. Va. Code §5-11A)
4. West Virginia Landlord-Tenant Act (W. Va. Code §37-6)

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