W. Va. Code §§ 16B-18-1 to 16B-18-21 § 16B-18-4
Application of article.
Operative Text
(a) The prohibitions against discrimination in the sale or rental of housing set forth in §16B-18-5 of this code 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 rooming house occupied by the owner as a place of residence and containing no more than four rented rooms or rooms to be rented. Solely for the purposes of familial status, nothing in section five shall apply to: (1) Any single-family house sold or rented by an owner: Provided, That such private individual owner does not own more than three such single-family houses at any one time: Provided, however, That in the case of the sale of any such single-family house by a private individual owner not residing in such house at the time of such sale or who was not the most recent resident of such house prior to such sale, the exemption granted by this subsection shall apply only with respect to one such sale within any 24 month period: Provided further, That such bona fide private individual owner does not own any interest in, nor is there owned or reserved on his or her behalf under any express or voluntary agreement, title to or any right to all or a portion of the proceeds from the sale or rental of more than three such single-family houses at any one time: And provided further, That the sale or rental of any such single-family house shall be excepted from the application of this article only if such house is sold or rented: (A) Without the use in any manner of the sales or rental facilities or the sales or rental services of any real estate broker, agent or salesman, or of such facilities or services of any person in the business of selling or renting dwellings, or of any employee or agent of any such broker, agent, salesman or person; and (B) Without the publication, posting or mailing, after notice, of any advertisement or written notice in violation of subsection (c), §16B-18-5 of this code; but nothing in this proviso shall prohibit the use of attorneys, escrow agents, abstractors, title companies and other such professional assistance as necessary to perfect or transfer the title; or (2) Rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his residence. (b) For the purposes of subsection (a) of this section, a person shall be deemed to be in the business of selling or renting dwellings if: (1) The person has within the preceding 12 months participated as principal in three or more transactions involving the sale or rental of any dwelling or any interest therein; (2) The person has within the preceding 12 months participated as agent, other than in the sale of his or her own personal residence, in providing sales or rental facilities or sales or rental services in two or more transactions involving the sale or rental of any dwelling or any interest therein; or (3) The person is the owner of any dwelling designed or intended for occupancy by or occupied by five or more families.
West Virginia Code § 16B-18-4 defines the scope of the state's Fair Housing Act by identifying which housing transactions are covered by the anti-discrimination rules in § 16B-18-5 and which are exempt. Certain small-scale, owner-occupied rental situations—such as an owner-occupied rooming house with four or fewer rented rooms, or a small owner-occupied multi-unit building with no more than four units—may fall outside some of the Act's requirements, particularly those related to familial status. However, these exemptions are narrowly drawn and come with specific conditions, including limits on how many properties an owner holds, whether a broker or agent is used, and whether discriminatory advertising is published.
Plain English — not legal advice.
Property owners and managers operating under West Virginia Code § 16B-18-4 should understand that the broad anti-discrimination requirements of § 16B-18-5 apply to virtually all residential rental and sales activity. The narrow exemptions for small owner-occupied properties—such as the four-or-fewer-unit owner-occupied building or the single-family home sold without a broker—carry strict qualifying conditions, including caps on the number of properties owned and prohibitions on discriminatory advertising. Operators who use real estate brokers, agents, or rental services, or who own interests in more than three single-family homes, generally fall outside these exemptions and are subject to the full scope of the Act.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under West Virginia Code § 16B-18-4, most rental and sale transactions in West Virginia are covered by the state's Fair Housing Act, meaning landlords and sellers are generally prohibited from discriminating on protected bases as outlined in § 16B-18-5. While the law carves out limited exemptions for certain small owner-occupied properties, those exemptions are conditional and do not eliminate all fair housing protections—for example, the prohibition on discriminatory advertising still applies in many circumstances. Tenants or prospective buyers who believe they have experienced housing discrimination may consider filing a complaint with a relevant state or federal agency, or reaching out to a tenant-rights or fair housing organization for general information about available remedies.
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