Can a landlord in West Virginia refuse my service animal or emotional support animal?

In most cases, landlords must allow service animals and ESAs as reasonable accommodations unless the animal poses a direct threat or causes significant property damage.

Do I have to pay a pet fee for a service animal or ESA?

No. Under the Fair Housing Act, landlords cannot charge extra fees or deposits for approved assistance animals.

What proof does my landlord need for an emotional support animal?

You may be asked for a letter from a licensed healthcare or mental health provider verifying your disability and need for an ESA.

Can my landlord ask for detailed medical records?

No. Landlords can request verification of disability-related need but not detailed or invasive medical records.

Where do I file a complaint if denied?

You can submit a complaint to the West Virginia Human Rights Commission or HUD.

West Virginia Renters: Service vs. Emotional Support Animal Rights

Accessibility & Disability Accommodations West Virginia published: June 21, 2025

Understanding your rights around service animals and emotional support animals (ESAs) can make a big difference if you are a renter in West Virginia living with a disability. Laws at both the state and federal level protect your ability to keep a qualifying animal—even if your lease has a 'no pets' policy. Knowing the definitions, requirements, and forms you may need helps you advocate for your needs and live comfortably in your home.

Service Animals vs. Emotional Support Animals: Definitions and Rights

While both service animals and emotional support animals can help people with disabilities, rental protections differ depending on the animal’s role. Here's a quick overview:

Service Animals: Dogs (and sometimes miniature horses) individually trained to perform tasks for a person with a disability. Examples include guiding individuals who are blind or helping with mobility.
Emotional Support Animals (ESAs): Animals that provide comfort by being present, but are not trained to perform specific tasks. ESAs can be many types of animals.

Under the federal Americans with Disabilities Act (ADA), only service animals are explicitly required as reasonable accommodation in most public places, but housing laws cover both types in certain situations.

Housing Laws Protecting Renters with Disabilities in West Virginia

West Virginia renters are protected mainly under the federal Fair Housing Act (FHA) and the state’s own fair housing laws. These laws require landlords to make "reasonable accommodations" for tenants with disabilities, such as permitting a qualifying service animal or emotional support animal even when pets are not generally allowed.

Landlords cannot charge pet fees or increased rent because of a service animal or ESA.
Landlords can request appropriate documentation for ESAs or service animals not readily apparent as necessary (such as a letter from a healthcare provider).
Landlords can deny an animal if it would cause undue hardship (e.g., direct threat to others).

These protections are based on the U.S. Department of Housing and Urban Development (HUD) guidance on assistance animals.

Official Forms and Requests

If you are a renter needing an accommodation for your service animal or ESA, you are encouraged to make your request in writing. West Virginia does not have a specific state form, but the HUD Reasonable Accommodation Request letter template is accepted by many landlords.

HUD Sample Reasonable Accommodation and Modification Request Letter: Used to formally ask your landlord for an exception to a no-pet policy due to your disability and need for an assistance animal.
When to Use: If your landlord has a "no pets" rule or additional pet fees, and you need your animal due to a disability.
How to Use: Complete the letter with your details, the nature of your request (i.e., service animal or ESA), and supporting documentation from your healthcare provider.
Official HUD Reasonable Accommodation Request sample letter

Who Handles Housing Disputes in West Virginia?

If you face discrimination or your request is denied without valid reason, you can file a complaint with the West Virginia Human Rights Commission (WVHRC) or with HUD's Fair Housing and Equal Opportunity Office. There is no separate "Residential Tenancy Tribunal" in West Virginia; these agencies manage housing discrimination issues.

Your Responsibilities as a Tenant

While you have the right to keep an assistance animal, you also have certain obligations:

Animal control: The animal must not pose a threat or cause substantial property damage.
Documentation: Be prepared to provide written verification from a health professional (especially for ESAs).
Notification: Make requests for accommodation as early as possible, ideally before moving in or right after acquiring your animal.

How to Request an Animal Accommodation from Your Landlord

Here are practical steps renters in West Virginia can take when requesting approval for a service animal or emotional support animal:

Write a request letter to your landlord, explaining you require an assistance animal due to a disability.
Attach supporting documentation: For ESAs, this typically means a letter from a licensed healthcare professional; for service animals performing obvious tasks, this may not be required.
Keep a copy of your request and any responses.
If denied, request the reason in writing and contact the West Virginia Human Rights Commission or HUD if you believe your rights were violated.

Tip: Discuss your request courteously and in writing. Save all communications and make requests early to allow time for review.

What If My Landlord Says No?

If your landlord refuses your reasonable request for a necessary animal, you can:

Ask for a written explanation of the denial
Submit a discrimination complaint to the West Virginia Human Rights Commission or HUD

These agencies protect renters from disability-based discrimination in housing.

FAQ: Renters and Assistance Animals in West Virginia

Can a landlord in West Virginia refuse my service animal or emotional support animal?
In most cases, landlords must allow service animals and ESAs as reasonable accommodations unless the animal poses a direct threat or causes significant property damage.
Do I have to pay a pet fee for a service animal or ESA?
No. Under the Fair Housing Act, landlords cannot charge extra fees or deposits for approved assistance animals.
What proof does my landlord need for an emotional support animal?
You may be asked for a letter from a licensed healthcare or mental health provider verifying your disability and need for an ESA.
Can my landlord ask for detailed medical records?
No. Landlords can request verification of disability-related need but not detailed or invasive medical records.
Where do I file a complaint if denied?
You can submit a complaint to the WV Human Rights Commission or HUD.

Summary: Key Takeaways for West Virginia Renters

Both service animals and ESAs may be allowed as reasonable accommodations under West Virginia and federal law.
Your landlord cannot charge pet fees or reject you solely for having an approved assistance animal.
Put requests in writing, keep documentation, and seek help if your rights are denied.

Knowing your rights can help you resolve issues smoothly and avoid unnecessary conflict with your landlord.

Need Help? Resources for Renters

West Virginia Human Rights Commission – Handles fair housing complaints and discrimination investigations.
HUD Assistance Animal Guidance – Official information about your rights regarding service animals and ESAs in housing.
File a housing discrimination complaint with HUD online.
West Virginia Fair Housing Law (WV Code §46A-9)