5-11A-1 Short title
5-11A-2 Declaration of policy
5-11A-3 Definitions
5-11A-3a Volunteer services or materials to build or install basic universal design features; workers, contractors, engineers, and architects; immunity from civil liability
5-11A-4 Application of article
5-11A-5 Discrimination in sale or rental of housing and other prohibited practices
5-11A-6 Discrimination in residential real estate-related transactions
5-11A-7 Discrimination in provision of brokerage services
5-11A-8 Religious organization or private club exemption
5-11A-9 Administration; authority and responsibility; delegation of authority; appointment of administrative law judges; location of conciliation meetings; administrative review; cooperation of the commission and executive departments and agencies to further fair
5-11A-10 Education and conciliation; conferences and consultations; reports
5-11A-11 Administrative enforcement; preliminary matters; complaints and answers; service; conciliation; injunctions; reasonable cause determinations; issuance of charge
5-11A-12 Subpoenas; giving of evidence; witness fees; enforcement of subpoenas
5-11A-13 Election of remedies; administrative hearings and discovery; exclusivity of remedies; final orders; review by commission; judicial review; remedies; attorney fees
5-11A-14 Enforcement by private persons; civil actions; appointed attorneys; remedies; bona fide purchasers; intervention by Attorney General
5-11A-15 Enforcement by Attorney General; pattern or practice cases; subpoena enforcement; remedies; intervention
5-11A-16 Interference, coercion or intimidation; enforcement by civil action
5-11A-17 Cooperation with local agencies administering fairhousing laws; utilization of services and personnel; reimbursement; written agreements; publication instate register
5-11A-18 Effect on other laws
5-11A-19 Severability of provisions
5-11A-20 Rules to implement article

Terms Used In West Virginia Code > Chapter 5 > Article 11A - West Virginia Fair Housing Act

  • Adjusted gross receipts: means the gross receipts of a gaming facility from West Virginia Lottery table games less winnings paid to wagerers in such games. See West Virginia Code 29-25-2
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Aggrieved person: includes any person who:

    (1) Claims to have been injured by a discriminatory housing practice. See West Virginia Code 5-11A-3

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Applicant: means any person or entity applying for a license. See West Virginia Code 29-25-2
  • Applicant: means any emergency medical service applicant, law-enforcement applicant or medical services applicant, that is registered as a volunteer of the nonprofit organization, making application for a nonprofit volunteer permit under the provisions of this article. See West Virginia Code 29-29-3
  • Appropriate licensing agency: means the board, department, division or other agency in each jurisdiction charged with the licensing, certification or permitting of persons performing services of the nature and kind described or duties provided for in this article. See West Virginia Code 29-29-3
  • Assistance animal: means any service, therapy or support animal, weighing less than one hundred fifty pounds, with or without specific training or certification, that works, provides assistance, or performs tasks for the benefit of a person with a disability, or provides emotional support that alleviate one or more identified symptoms or effects of a person'. See West Virginia Code 5-11A-3
  • Authority: means the national coal heritage area authority. See West Virginia Code 29-27-2
  • Background investigation: means a security, criminal and credit investigation of an applicant who has applied for the issuance or renewal or a license pursuant to this article or a licensee who holds a current license. See West Virginia Code 29-25-2
  • basic universal design: means the design of products and environments to be useable by all people, to the greatest extent possible, without the need for adaptation or specialization. See West Virginia Code 5-11A-3
  • Bequest: Property gifted by will.
  • Board: means the technology-related assistance revolving loan fund for individuals with disabilities board. See West Virginia Code 29-24-2
  • board: means the advisory board created in section twenty-two-a of this article. See West Virginia Code 29-25-2
  • Board: means the board of the national coal heritage area authority. See West Virginia Code 29-27-2
  • Board: means the Higher Education Policy Commission or the chancellor as defined in chapter eighteen-b of this code, or both, or any successor agency or officer. See West Virginia Code 29A-3A-1
  • Board: means the West Virginia Board of Education. See West Virginia Code 29A-3B-1
  • Commission: means the State Lottery Commission created in section four, article twenty-two of this chapter. See West Virginia Code 29-25-2
  • Commission: means the Legislative Oversight commission on education accountability. See West Virginia Code 29A-3A-1
  • Commission: means the Legislative Oversight commission on education accountability created in section eleven, article three-a of this chapter. See West Virginia Code 29A-3B-1
  • Commission: means the West Virginia Human Rights Commission. See West Virginia Code 5-11A-3
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Complainant: means the person, including the commission, who files a complaint under section eleven of this article. See West Virginia Code 5-11A-3
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Conciliation: means the attempted resolution of issues raised by a complaint or by the investigation of the complaint through informal negotiations involving the aggrieved person, the respondent and the commission. See West Virginia Code 5-11A-3
  • Conciliation agreement: means a written agreement setting forth the resolution of the issues in conciliation. See West Virginia Code 5-11A-3
  • Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Controlling interest: means :

    (1) For a partnership, an interest as a general or limited partner holding more than five percent interest in the entity. See West Virginia Code 29-25-2

  • Controlling person: means , with respect to another person, any person directly or indirectly owning or holding a controlling interest in that other person. See West Virginia Code 29-25-2
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Dependent: A person dependent for support upon another.
  • Designated gaming area: means one or more specific floor areas of a licensed gaming facility within which the commission has authorized operation of video lottery terminals or West Virginia Lottery table games, or the operation of both video lottery terminals and West Virginia Lottery table games. See West Virginia Code 29-25-2
  • Director: means the Director of the State Lottery Commission. See West Virginia Code 29-25-2
  • Disability: means , with respect to a person:

    (1) A physical or mental impairment which substantially limits one or more of the person'. See West Virginia Code 5-11A-3

  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Discriminatory housing practice: means an act that is unlawful under section five, six, seven or nineteen of this article. See West Virginia Code 5-11A-3
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Donor: The person who makes a gift.
  • 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 or lease for the construction or location thereon of any such building, structure or portion thereof. See West Virginia Code 5-11A-3
  • Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC
  • Emergency medical service applicant: means a person authorized to provide emergency medical services in West Virginia, or in another state who but for this article would be required to obtain a certification from the Commissioner of the Bureau for Public Health pursuant to article eight, chapter sixteen of this code to perform emergency medical services in this state. See West Virginia Code 29-29-3
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Ex officio: Literally, by virtue of one's office.
  • Familial status: means :

    (1) One or more individuals who have not attained the age of eighteen years being domiciled with:

    (A) A parent or another person having legal custody of the individual or individuals. See West Virginia Code 5-11A-3

  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fringe benefits: means sickness and accident benefits and benefits relating to medical and pension coverage. See West Virginia Code 29-25-2
  • Gaming facility: means a designated area on the premises of an existing historic resort hotel in which West Virginia Lottery table games are conducted by a gaming licensee. See West Virginia Code 29-25-2
  • Gaming licensee: means the licensed operator of a gaming facility. See West Virginia Code 29-25-2
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Gross receipts: means the total amount of money exchanged for the purchase of chips, tokens or electronic cards by patrons of a gaming facility reduced by gross terminal income to the extent gross terminal income is included in the amount of money exchanged. See West Virginia Code 29-25-2
  • Gross terminal income: as used in this article and as used in article twenty-two-a of this chapter, means the total amount of cash, vouchers or tokens inserted into the video lottery terminals operated by a licensee, minus promotional credits played, and minus the total value of coins and tokens won by a player and game credits which are cleared from the video lottery terminals in exchange for winning redemption tickets. See West Virginia Code 29-25-2
  • Historic resort hotel: means a resort hotel registered with the United States Department of the Interior as a national historic landmark in its National Registry of Historic Places having not fewer than five hundred guest rooms under common ownership and having substantial recreational guest amenities in addition to the gaming facility. See West Virginia Code 29-25-2
  • Historic Resort Hotel Fund: means the special fund in the State Treasury created in section twenty-two of this article. See West Virginia Code 29-25-2
  • Human Resource Benefit Fund: means the special fund in the State Treasury created in section twenty-two-a of this article. See West Virginia Code 29-25-2
  • in writing: include any representation of words, letters or figures, whether by printing, engraving, writing or otherwise. See West Virginia Code 2-2-10
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
  • Law-enforcement applicant: means a person authorized to work as a law-enforcement officer in West Virginia, or in another state who but for this article would be required to obtain authorization pursuant to article twenty-nine, chapter thirty of this code to work as a law-enforcement officer in this state: Provided, That any person authorized to work as a law-enforcement officer in another state shall have completed a training program approved by the governing authority of a political subdivision in order to work as a law-enforcement officer in that state. See West Virginia Code 29-29-3
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • License: means a license issued by the commission, including:

    (1) A license to operate a gaming facility. See West Virginia Code 29-25-2

  • Licensed gaming facility employee: means any individual licensed to be employed by a gaming licensee in connection with the operation of a gaming facility. See West Virginia Code 29-25-2
  • Licensed gaming facility supplier: means a person who is licensed by the commission to engage in the business of supplying gaming devices and gaming supplies to a gaming facility. See West Virginia Code 29-25-2
  • Licensee: means a gaming licensee, a licensed gaming facility supplier or a licensed gaming facility employee. See West Virginia Code 29-25-2
  • Manufacturer: means any person holding a license granted by the commission to engage in the business of designing, building, constructing, assembling or manufacturing video lottery terminals, the electronic computer components of the video lottery terminals, the random number generator of the video lottery terminals, or the cabinet in which it is housed, and whose product is intended for sale, lease or other assignment to a licensed gaming facility in West Virginia and who contracts directly with the licensee for the sale, lease or other assignment to a licensed gaming facility in West Virginia. See West Virginia Code 29-25-2
  • Medical services applicant: means a person authorized to provide medical services in West Virginia, or in another state who but for this article would be required to obtain authorization to practice in this state, and who is a:

    (1) Practitioner of medicine, surgery or podiatry as defined in article three, chapter thirty of this code. See West Virginia Code 29-29-3

  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • National coal heritage area: means and is comprised of the counties of Boone, Cabell, Fayette, Lincoln, Logan, Kanawha, McDowell, Mercer, Mingo, Raleigh, Summers, Wayne and Wyoming. See West Virginia Code 29-27-2
  • Nonprofit volunteer organization medical director: means an individual licensed in West Virginia as a practitioner of medicine or surgery pursuant to article three, chapter thirty of this code, or an individual licensed in West Virginia as an osteopathic physician or surgeon pursuant to article fourteen, chapter thirty of this code, that has been designated by the nonprofit volunteer organization to serve as the medical director for an event or program offered by the organization. See West Virginia Code 29-29-3
  • offense: includes every act or omission for which a fine, forfeiture or punishment is imposed by law. See West Virginia Code 2-2-10
  • organization: means any nonprofit organization, including any subsidiary, affiliated or other related entity within its corporate or business structure, that has been chartered by the United States Congress to help train young people to do things for themselves and others, and that has established an area of at least six thousand contiguous acres within West Virginia in which to provide adventure or recreational activities for these young people and others. See West Virginia Code 29-29-3
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • permit: means a permit issued to an applicant pursuant to the provisions of this article. See West Virginia Code 29-29-3
  • permittee: means a person holding a nonprofit volunteer permit issued under the provisions of this article. See West Virginia Code 29-29-3
  • Person: means any natural person, corporation, association, partnership, limited partnership, limited liability company or other entity, regardless of its form, structure or nature. See West Virginia Code 29-25-2
  • Person: includes one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in cases under Title 11 of the United States Code, receivers and fiduciaries. See West Virginia Code 5-11A-3
  • Petit jury: A group of citizens who hear the evidence presented by both sides at trial and determine the facts in dispute. Federal criminal juries consist of 12 persons. Federal civil juries consist of six persons.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Promotional credits: means credits given by the licensed gaming facility or licensed racetrack to players allowing limited free play of video lottery terminals in total amounts and under conditions approved in advance by the commission. See West Virginia Code 29-25-2
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Qualifying borrower: means any individual with disabilities and their family members, guardians, authorized representatives or nonprofit entity who demonstrates that such a loan will improve their independence or become more productive members of the community. See West Virginia Code 29-24-2
  • Quorum: The number of legislators that must be present to do business.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Respondent: means :

    (1) The person or other entity accused in a complaint of an unfair housing practice. See West Virginia Code 5-11A-3

  • Revolving loan fund: means the technology-related assistance revolving loan fund for individuals with disabilities established in this article. See West Virginia Code 29-24-2
  • rooming house: means a house or building where there are one or more bedrooms which the proprietor can spare for the purpose of giving lodgings to persons he or she chooses to receive. See West Virginia Code 5-11A-3
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • Subpoena duces tecum: A command to a witness to produce documents.
  • Technology-related assistance: means either the provision of technology-related devices or technology-related services to improve the independence, quality of life or productive involvement in the community of individuals with disabilities. See West Virginia Code 29-24-2
  • Technology-related device: means any item, piece of equipment or product system, whether acquired commercially off-the-shelf, modified or customized, that is used to increase, maintain or improve functional capabilities of individuals with disabilities. See West Virginia Code 29-24-2
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Venue: The geographical location in which a case is tried.
  • Video lottery game: as used in this article and as used in article twenty-two-a of this chapter, means a commission-approved, -owned and -controlled electronically simulated game of chance which is displayed on a video lottery terminal and which:

    (1) Is connected to the commission'. See West Virginia Code 29-25-2

  • Wager: means a sum of money or thing of value risked on an uncertain occurrence. See West Virginia Code 29-25-2
  • West Virginia Lottery table game: means any game played with cards, dice or any mechanical, electromechanical or electronic device or machine for money, credit or any representative of value, including, but not limited to, baccarat, blackjack, poker, craps, roulette, wheel of fortune or any variation of these games similar in design or operation and expressly authorized by rule of the commission, including multiplayer electronic table games, machines and devices, but excluding video lottery, punchboards, faro, numbers tickets, push cards, jar tickets, pull tabs or similar games. See West Virginia Code 29-25-2
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.