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COVID-19 Information for West Virginia

The purpose of this page is to provide apartment industry professionals with an overview of the issues affecting our industry with regard to the COVID-19 pandemic. The page is intended for informational purposes only and does not constitute, and should not be construed as, legal advice. This resource is not intended to provide a mandatory standard of care for the industry.

State and Local Affiliates

Please remember to use your state or local apartment association as the primary resource for the most up-to-date information on your responsibilities. Find your local affiliate.

State Legal and Regulatory Information

We highly suggest you contact a local attorney before you decide to initiate an eviction action against a resident in the current environment as overlaying federal, state and county laws or restrictions on the judicial process may apply. This includes: issuing a notice to vacate, initiating any eviction-related action, or assessing fees or penalties on residents for nonpayment of rent or other lease violations. In addition to the below, you can access NAA's statutory information on late fees, eviction laws and other policy issues.

Shelter in Place 

The Shelter in Place Order in West Virginia is effective until terminated by a subsequent executive order. On Wednesday, April 15, 2020 Governor Jim Justice announced that discussions of “phase two” of the COVID-19 response are underway. On Friday, May 15, 2020, Governor Justice signed Executive Order No. 37-20 which provided additional guidance on the reopening of certain recreational facilities and formalized the Monday, May 18, 2020 re-openings.

On Friday, May 22, 2020, Governor Justice announced that he has signed Executive Order No. 40-20 that will formally allow businesses, currently scheduled to reopen in the Tuesday, May 26, 2020 phase of the Governor’s reopening plan, to resume operations on that date if they so choose.

State of Emergency

Governor Jim Justice declared a state of emergency on March 13, 2020.

Eviction

No statewide eviction moratorium for West Virginia. 

Rental Assistance/Housing Provider Assistance

No statewide emergency rental assistance for West Virginia

Rent Freeze

No rent freeze is in effect at the state or local level.  West Virginia is a Dillon’s rule state, meaning all authorities granted to local government are determined by the state government. See American Legislative Exchange Council for more details.

Price-Gouging Law

Under West Virginia Code § 46A-6J-3, it is unlawful to sell goods or services, to individuals in an area declared under emergency, at a price more than 10 percent the average price of that good or service 10 days prior to the emergency declaration. Rental housing is defined within the statutory language as services covered under this regulation.