§5-11A-1. Short Title
This article may be cited as the "West Virginia Fair Housing Act."
§5-11A-10. Education and Conciliation; Conferences and Consultations; Reports
Immediately upon the effective date of this article, the commission shall commence such educational and conciliatory activities as in its judgment will further the purposes of this article. It may call conferences of persons in the housing industry and other interested parties to acquaint them with the provisions of this article and its suggested means […]
§5-11A-11. Administrative Enforcement; Preliminary Matters; Complaints and Answers; Service; Conciliation; Injunctions; Reasonable Cause Determinations; Issuance of Charge
(a) (1) (A) An aggrieved person may, not later than one year after an alleged discriminatory housing practice has occurred or terminated, file a complaint with the commission alleging a discriminatory housing practice. The commission, on the commission's own initiative, may also file such a complaint. Such complaint shall be in writing and shall contain […]
§5-11A-12. Subpoenas; Giving of Evidence; Witness Fees; Enforcement of Subpoenas
The commission may, in accordance with this subsection, issue subpoenas and order discovery in aid of investigations and hearings under this article. Such subpoenas and discovery may be ordered to the same extent and subject to the same limitations as would apply if the subpoenas or discovery were ordered or served in aid of a […]
§5-11A-13. Election of Remedies; Administrative Hearings and Discovery; Exclusivity of Remedies; Final Orders; Review by Commission; Judicial Review; Remedies; Attorney Fees
(a) When a charge is filed under section eleven of this article, a complainant, a respondent or an aggrieved person on whose behalf the complaint was filed, may elect to have the claims asserted in that charge decided in a civil action under subsection (o) of this section in lieu of a hearing under subsection […]
§5-11A-14. Enforcement by Private Persons; Civil Actions; Appointed Attorneys; Remedies; Bona Fide Purchasers; Intervention by Attorney General
(a) (1) (A) An aggrieved person may commence a civil action in an appropriate circuit court not later than two years after the occurrence or the termination of an alleged discriminatory housing practice, or the breach of a conciliation agreement entered into under this article, whichever occurs last, to obtain appropriate relief with respect to […]
§5-11A-15. Enforcement by Attorney General; Pattern or Practice Cases; Subpoena Enforcement; Remedies; Intervention
(a) Whenever the Attorney General has reasonable cause to believe that any person or group of persons is engaged in a pattern or practice of resistance to the full enjoyment of any of the rights granted by this article, or that any group of persons has been denied any of the rights granted by this […]
§5-11A-16. Interference, Coercion or Intimidation; Enforcement by Civil Action
It shall be unlawful to coerce, intimidate, threaten or interfere with any person in the exercise or enjoyment of, or on account of his having exercised or enjoyed, or on account of his having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by section four, five, […]
§5-11A-17. Cooperation With Local Agencies Administering Fairhousing Laws; Utilization of Services and Personnel; Reimbursement; Written Agreements; Publication Instate Register
The commission may cooperate with local agencies charged with the administration of local fair housing laws and, with the consent of such agencies, utilize the services of such agencies and their employees and, to the extent permitted by law, may reimburse such agencies and their employees for services rendered to assist it in carrying out […]
§5-11A-18. Effect on Other Laws
Nothing in this article shall be construed to invalidate or limit any law of this state or of any political subdivision of this state, that grants, guarantees or protects the same rights as are granted by this article; but any law of this state or any political subdivision hereof that purports to require or permit […]
§5-11A-19. Severability of Provisions
If any provision of this article or the application thereof to any person or circumstances is held invalid, the remainder of the article and the application of the provision to other persons not similarly situated or to other circumstances shall not be affected thereby.
§5-11A-2. Declaration of Policy
It is the policy of the State of West Virginia to provide, within Constitutional limitations, for fair housing throughout the state.
§5-11A-20. Rules to Implement Article
In consultation with other appropriate agencies, the commission shall, not later than the one hundred eightieth day after the date of the enactment of this article, issue rules to implement it. Such rules may include provision for the collection, maintenance and analysis of appropriate data to carry out this article. The commission shall comply with […]
§5-11A-3. Definitions
As used in this article: (a) "Commission" means the West Virginia Human Rights Commission; (b) "Dwelling" means any building, structure or portion thereof which is occupied as, or designed or intended for occupancy as, a residence or sleeping place by one or more persons or families and any vacant land which is offered for sale […]
§5-11A-3a. Volunteer Services or Materials to Build or Install Basic Universal Design Features; Workers, Contractors, Engineers, and Architects; Immunity From Civil Liability
Any person, including a worker, contractor, engineer or architect, who in good faith provides services or materials, without remuneration, to build or install basic universal design features as set forth in 30-42-10 of this code may not be liable for any civil damages as the result of any act or omission in providing such services […]
§5-11A-4. Application of Article
(a) The prohibitions against discrimination in the sale or rental of housing set forth in section five of this article shall apply to all dwellings except as hereinafter exempted. Nothing in section five of this article, other than subsection (b) of this section, shall apply to the rental of a room or rooms in a […]
§5-11A-5. Discrimination in Sale or Rental of Housing and Other Prohibited Practices
As made applicable by section four of this article and except as exempted by sections four and eight of this article, it is unlawful: (a) To refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or […]
§5-11A-6. Discrimination in Residential Real Estate-Related Transactions
(a) It is unlawful for any person or other entity whose business includes engaging in residential real estate-related transactions to discriminate against any person in making available such a transaction or in the terms or conditions of such a transaction because of race, color, religion, sex, blindness, disability, familial status, ancestry or national origin. (b) […]
§5-11A-7. Discrimination in Provision of Brokerage Services
It is unlawful to deny any person access to or membership or participation in any multiple listing service, real estate broker's organization or other service, organization or facility relating to the business of selling or renting dwellings, or to discriminate against him or her in the terms or conditions of such access, membership or participation […]
§5-11A-8. Religious Organization or Private Club Exemption
(a) Nothing in this article shall prohibit a religious organization, association or society, or any nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association or society, from limiting the sale, rental or occupancy of dwellings which it owns or operates for other than a commercial purpose to […]