West Virginia Fair Housing Testing and Enforcement Guide

Every renter in West Virginia deserves fair and equal treatment when looking for or living in a home. Unfortunately, housing discrimination can still occur. If you believe you've experienced unequal treatment because of your race, color, religion, sex, disability, national origin, or familial status, there are dedicated fair housing enforcement agencies and testing programs throughout West Virginia that can help.

What Is Fair Housing Testing?

Fair housing testing is a process where trained individuals (called testers) pose as renters to determine whether housing providers are following fair housing laws. These testers may inquire about an available rental unit in person, by phone, or online. Their experiences are compared to identify differences in treatment based on protected characteristics.

Fair Housing Laws Protecting West Virginia Renters

Renters in West Virginia are protected under both federal and state laws:

• The federal Fair Housing Act protects against discrimination by landlords and other housing providers.
• West Virginia Fair Housing Act covers similar rights and establishes state-level enforcement.

Who Enforces Fair Housing Laws in West Virginia?

There are several agencies in West Virginia responsible for investigating fair housing complaints and conducting enforcement:

• West Virginia Human Rights Commission (WVHRC): The main state agency for housing discrimination complaints. They investigate claims, offer mediation, and may take legal action to enforce the law. Visit the official WVHRC website for more information.
• U.S. Department of Housing and Urban Development (HUD): HUD enforces federal fair housing protections. West Virginia renters may also file complaints here. More at HUD Fair Housing and Equal Opportunity.

How to Report Housing Discrimination

If you believe you have faced discrimination, you can file a complaint with one or both agencies above. Testing agencies may also use your complaint to help gather evidence for enforcement.

Official Fair Housing Complaint Forms

• WVHRC Housing Discrimination Complaint Form
  • When to use: If you were denied housing, treated differently, or harassed because of a protected characteristic, use this official state form.
  • Example: A landlord refuses to show you an apartment after learning you have children. You complete this form to begin an investigation.
  • Official WVHRC Housing Complaint Form
• HUD Form 903.1 – Housing Discrimination Complaint
  • When to use: For complaints under the federal Fair Housing Act, including those involving federally assisted housing.
  • Example: You believe an apartment complex is advertising units only to certain races. You use this form to complain directly to HUD.
  • HUD Fair Housing Complaint Online Form

What Happens After You File a Complaint?

After filing, the agency will screen your complaint and may begin an investigation, which could include contacting the landlord, interviewing witnesses, or conducting testing. Some cases are resolved through mediation, while others may go to a hearing or court.

Official Tribunal Handling Fair Housing Complaints

In West Virginia, the West Virginia Human Rights Commission is the main state tribunal handling fair housing cases. Federal complaints are managed by HUD's Office of Fair Housing and Equal Opportunity.

Key Anti-Discrimination Legislation for West Virginia Renters

• West Virginia Fair Housing Act (W. Va. Code § 5-11A)
• Federal Fair Housing Act (42 U.S.C. §§ 3601-3619)

These laws outline your rights, prohibited types of housing discrimination, and available remedies if your rights are violated.

How West Virginia Fair Housing Agencies Test and Investigate

State and federal agencies may send testers to rental properties as part of their investigations. These testers help uncover hidden discrimination by comparing landlord responses to different applicants. Actions found unlawful may result in penalties, required training, or compensation for victims.

1. What is housing discrimination?
   Housing discrimination is any unfair treatment of renters based on race, color, religion, sex, disability, national origin, or family status. This includes being denied housing, given different rental terms, or faced with harassment.
2. Who do I contact if I experience discrimination in West Virginia?
   Contact the West Virginia Human Rights Commission or HUD's Fair Housing office to file a complaint and get guidance.
3. How long do I have to file a fair housing complaint?
   You generally have up to one year from the incident to file with the WVHRC or HUD, but it's best to act quickly to ensure your rights are protected.
4. Can I be evicted for filing a discrimination complaint?
   No, it's illegal for a landlord to retaliate against you for exercising your fair housing rights.
5. Are there costs to file a fair housing complaint?
   No, there’s no fee to file a complaint with the WVHRC or HUD.

Conclusion: Protecting Your Rights as a West Virginia Renter

• Fair housing laws protect you from discrimination and ensure equal access to housing in West Virginia.
• Dedicated agencies like the WVHRC and HUD investigate complaints and enforce these laws.
• If you suspect discrimination, act quickly—help is available, and your rights are protected.

Need Help? Resources for Renters

• West Virginia Human Rights Commission Contact Page: File complaints, seek mediation, or ask questions about discrimination.
• HUD Fair Housing and Equal Opportunity Regional Contacts
• Read the West Virginia Fair Housing Act
• WV Human Rights Commission (Tribunal for Housing Cases)

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1. Fair Housing Act, 42 U.S.C. §§ 3601-3619
2. West Virginia Fair Housing Act, W. Va. Code § 5-11A
3. WVHRC Official Forms
4. HUD Fair Housing Complaint Form 903.1

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