Fair Housing
Understanding your rights and protections under fair housing laws
The Law
The federal Fair Housing Act is Title VIII (8) of the Civil Rights Act 1968. It prohibits discrimination in the sale, rental, and financing of housing, and in other housing related activities based on a protected class.
The federal government recognizes 7 protected classes:
West Virginia also recognizes 2 additional protected classes:
Examples
Housing discrimination can take many different forms. Here are some examples of activities considered discriminatory under the federal and state Fair Housing Acts:
- •Refusing to sell or rent a home
- •Saying a house is unavailable when it is in fact available
- •Setting different terms or conditions for a sale or rental
- •Advertising to preferred groups only
- •Refusing to make a mortgage loan or to provide information on loans
- •Showing properties only in certain neighborhoods
- •Imposing different terms on a mortgage loan
- •Segregating populations within a housing complex
- •Indicating any preference based on one of the protected classes
Additional Protections
With respect to the disability protected class, there are some additional protections to ensure you are able to obtain housing of your choice. These additional protections are your right to request reasonable accommodations and reasonable modifications.
Reasonable Accommodation
A reasonable accommodation is a request to change a policy or practice when there is a disability related need for the change.
For example:
- •Requesting a service animal to be allowed in a building with a "no pets" policy
- •Requesting a reserved accessible parking space at an apartment that has first come first served parking
- •Requesting rental materials in alternative formats like large print or braille
Reasonable Modification
A reasonable modification is a request for permission to modify your unit or the common use areas to allow you equal use of it.
For example:
- •Installing a wheelchair ramp at an entrance with several steps
- •Installing grab bars in a bathroom
- •Installing a stair lift in a two story townhouse
Important: All new multifamily housing (4 or more units) built after March 13, 1991 is required to follow certain accessibility requirements.
Fair Housing for Individuals in Recovery
Fair housing protections extend to individuals recovering from substance use disorders. Individuals in recovery are protected under the disability provisions of the Fair Housing Act.
Housing Rights During and After Treatment
Individuals in recovery from substance use disorders have specific protections under fair housing laws.
Your Rights Include:
Protection from Discrimination
Landlords cannot refuse to rent to you solely because you are in recovery or have completed a treatment program
Equal Treatment
You have the right to the same terms, conditions, and privileges as other tenants
Sober Living Homes
Sober living homes and recovery residences are protected forms of housing for individuals in recovery
Reasonable Accommodations
You may request accommodations to support your recovery, such as modifications to lease terms or unit features
Important to Know
While fair housing laws protect individuals in recovery, it's important to understand that:
- •Current illegal drug use is not protected under fair housing laws
- •Recovery from substance use disorders is considered a disability under the law
- •You have the right to confidentiality regarding your recovery status
Treatment Programs Available
Finding the right treatment program is an important step in your recovery journey. Explore specialized programs designed to meet your unique needs.
Need Help Finding Treatment?
Our compassionate team is available 24/7 to help you find the right treatment center and understand your housing rights during recovery.