W. Va. Code § 16B-17 § 16B-17-19
Private club exemption.
Operative Text
Nothing in this article shall prohibit a private club not in fact open to the public, which as an incident to its primary purpose or purposes provides lodgings which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of such lodgings to its members or guests of members or from giving preference to its members or guests of members: Provided, That this exemption shall not apply to any private club not in fact open to the public which owns or operates residential subdivisions providing lodgings for rental, occupancy or sale, or which provides real estate for sale for the construction of single or multiunit dwellings.
West Virginia Code § 16B-17-19 carves out a narrow exemption from the state's housing anti-discrimination rules for certain private clubs. Specifically, a private club that is genuinely closed to the general public may restrict the use of its own lodgings—operated for non-commercial purposes—to its members and their guests. However, this exemption does not extend to private clubs that own or operate residential subdivisions offering rentals, sales, or occupancy, nor to clubs that sell real estate for the construction of single or multi-unit dwellings.
Plain English — not legal advice.
Operators of private clubs seeking to rely on the § 16B-17-19 exemption should understand that it applies only when the club is genuinely not open to the public and the lodging it provides is incidental to the club's primary purpose and non-commercial in nature. Compliant operators in this narrow category typically document the club's membership structure, the non-commercial character of the lodging, and the fact that access is limited to members and their guests. Clubs that venture into residential subdivisions, rental housing, or real estate sales for dwelling construction fall outside this exemption and remain subject to the full scope of the Human Rights Act's housing provisions.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 16B-17-19, the private club exemption is intentionally limited, and tenants who believe a housing provider is improperly invoking it—particularly in the context of residential subdivisions or real estate sales—may have grounds to assert that the full anti-discrimination protections of the Human Rights Act still apply. Tenants in such situations can explore filing a complaint with the West Virginia Human Rights Commission, which administers the Act, or consult a tenant-rights organization for general information about how the exemption's boundaries are interpreted. Raising the inapplicability of the § 16B-17-19 exemption as a defense or claim in a formal proceeding is one path that affected individuals may consider.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 26, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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