W. Va. Code § 8-12 § 8-12-9

Power and authority to enact ordinance prohibiting discrimination with respect to housing accommodations.

In Force
Verified 10/26/2026 · Next check 10/27/2026
West VirginiaProtected Classes (State/Local)

Operative Text

W. Va. Code § 8-12 § 8-12-9
Notwithstanding any statutory or charter provision to the contrary, the governing body of every municipality shall have plenary power and authority, by ordinance, to prohibit discrimination on the basis of race, creed, color or national origin in the sale, purchase, lease or rental of housing accommodations within the corporate limits of such municipality, and to impose fines for the violation of the provisions of any such ordinance.
Source: Legislative text reproduced verbatim
Plain English

West Virginia Code § 8-12-9 grants every municipal governing body the full legal authority to pass ordinances banning housing discrimination based on race, creed, color, or national origin in the sale, purchase, lease, or rental of housing. This grant of power overrides any conflicting state statute or municipal charter provision that might otherwise limit that authority. Municipalities that enact such ordinances may also establish fines as a penalty for violations.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 26, 2026

Plain English — not legal advice.

For Property Managers

Under § 8-12-9, a municipality where a rental or sales operation is located may have a local anti-discrimination ordinance backed by fine authority, even if no state statute or charter previously authorized it. Operators who comply generally ensure their tenant-selection criteria, advertising, and lease terms do not differentiate on the basis of race, creed, color, or national origin. Reviewing any applicable local ordinance enacted under this provision is a standard part of understanding the full compliance landscape in a given West Virginia municipality.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Section 8-12-9 establishes that the municipality where you rent or seek housing may have enacted a local ordinance prohibiting discrimination based on race, creed, color, or national origin, with fines available against violators. If you believe a landlord's conduct in a sale, lease, or rental transaction violated such a local ordinance, one general path is to contact the relevant municipal authority or local government office to ask whether an ordinance exists and how complaints are handled. Tenant-rights organizations familiar with West Virginia municipal law can help identify what local protections, if any, have been adopted under § 8-12-9 in a specific city or town.

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

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References Out

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References In

Rules and statutes that cite this regulation

W. Va. Code § 8-12-13
W. Va. Code § 8-12-16
W. Va. Code § 8-12-16
W. Va. Code § 8-12-16

Related Rules

§ 1
Definitions
§ 3
Functions, powers and duties of commission
§ 4
Unlawful practices

Source Information

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Fetched:Oct 26, 2026, 02:29 PM UTC