W. Va. Code § 16B-17 § 16B-17-20
Violations of human rights; civil action by attorney general.
Operative Text
(a) A person has the right to engage in lawful activities without being subject to actual or threatened: (1) Physical force or violence against him or her or any other person, or (2) Damage to, destruction of or trespass on property, any of which is motivated by race, color, religion, sex, ancestry, national origin, political affiliation or disability. (b) Whenever any person, whether or not acting under the color of law, intentionally interferes or attempts to interfere with another person's exercise or enjoyment of rights secured by this article or §16B-18-1 et seq. of this code, by actual or threatened physical force or violence against that person or any other person, or by actual or threatened damage to, destruction of or trespass on property, the Attorney General may bring a civil action: (1) For injunctive or other appropriate equitable relief in order to protect the peaceable exercise or enjoyment of the rights secured, or (2) For civil penalties as specified in subsection (c) of this section, or (3) For both equitable relief and civil penalties. This action must be brought in the name of the state and instituted in the circuit court for the county where the alleged violator resides or has a principal place of business or where the alleged violation occurred. (c) A civil penalty of not more than $5,000 per violation may be assessed against any person violating this section. (d) Each preliminary, temporary, or permanent injunction issued under this section must include a statement describing the penalties to be imposed for a knowing violation of the order or injunction as provided in subsection (e) of this section. The clerk of the circuit court shall transmit one certified copy of each order or injunction issued under this section to the appropriate law-enforcement agency or agencies having authority over locations where the defendant was alleged to have committed the act giving rise to the action, and service of the order or injunction must be accomplished pursuant to the West Virginia rules of civil procedure. (e) A person who knowingly violates a preliminary, temporary or permanent injunction issued under this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $5,000, or imprisoned in the county or regional jail not more than one year, or both fined and imprisoned.
West Virginia Code § 16B-17-20 establishes that people have the right to engage in lawful activities free from physical force, threats, property damage, or trespass when those acts are motivated by protected characteristics such as race, religion, sex, disability, or political affiliation. When someone intentionally interferes with rights secured under this article — whether or not acting under color of law — the state's Attorney General is empowered to pursue civil action seeking injunctive relief, civil penalties up to $5,000 per violation, or both. Violations of a court injunction issued under this section carry additional consequences, including potential misdemeanor criminal liability with fines up to $5,000 and/or up to one year of jail time.
Plain English — not legal advice.
Property owners and managers operating in West Virginia should understand that § 16B-17-20 prohibits using or threatening physical force, property damage, or trespass against tenants or others as a means of interfering with rights protected under the Human Rights Act — particularly when motivated by characteristics like race, religion, sex, disability, or national origin. Compliant operators ensure that neither they nor anyone acting on their behalf engages in intimidation or coercive conduct directed at tenants on the basis of protected characteristics. Violations can expose a property owner to civil action brought by the Attorney General, civil penalties up to $5,000 per violation, and — if a court injunction is later violated — potential misdemeanor criminal charges.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 16B-17-20 of the West Virginia Code, tenants have the right to enjoy their housing and engage in lawful activities without being subjected to threats, physical force, property damage, or trespass motivated by protected characteristics such as race, disability, sex, or religion. If a tenant believes someone has interfered with rights secured under this article through such conduct, the West Virginia Attorney General's office has authority to bring a civil action on behalf of the state seeking injunctive relief and civil penalties. Tenants who believe their rights under this provision have been violated may consider contacting the Attorney General's office, a local tenant-rights organization, or a legal aid provider to learn about available options.
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.
Effective Timeline
References In
Rules and statutes that cite this regulation