Fair Housing Act Complaint - West Virginia

WEST VIRGINIA FAIR HOUSING ACT COMPLAINT

1. CAPTION

IN THE CIRCUIT COURT OF [____________________] COUNTY, WEST VIRGINIA

CIVIL ACTION NO. [____________________]

COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF

1. Violation of the West Virginia Fair Housing Act (W. Va. Code §§ 5-11A-5, -6, -7);
2. Violation of the federal Fair Housing Act (42 U.S.C. §§ 3604, 3617); and
3. Failure to Provide Reasonable Accommodation / Modification (W. Va. Code § 5-11A-5(f); 42 U.S.C. § 3604(f)).

JURY TRIAL DEMANDED

Plaintiff alleges as follows:

2. PARTIES

2.1. Plaintiff. Plaintiff [PLAINTIFF NAME] ("Plaintiff") is, and at all relevant times was, a resident of [CITY, COUNTY], West Virginia, and an "aggrieved person" within the meaning of W. Va. Code § 5-11A-3(h).

2.2. Defendant owner/landlord. Defendant [DEFENDANT] ("Defendant") is, and at all relevant times was, a [corporation / limited liability company / individual] that owns, operates, manages, or controls the dwelling at issue and is a "person" within the meaning of W. Va. Code § 5-11A-3(d).

2.3. Individual Defendant. Defendant [INDIVIDUAL NAME] is, and at all relevant times was, a [manager / leasing agent / owner / employee] of Defendant acting within the course and scope of that agency, and is sued individually for his/her own discriminatory housing practices.

2.4. Doe Defendants. The true names and capacities of Defendants sued as Does 1 through 10 are presently unknown to Plaintiff, who will seek leave to amend when they are ascertained.

2.5. Subject property. The "dwelling" at issue, within the meaning of W. Va. Code § 5-11A-3(b), is located at [PROPERTY ADDRESS] (the "Property").

3. JURISDICTION AND VENUE

3.1. This Court has subject-matter jurisdiction under W. Va. Code § 51-2-2 because the causes of action arise under West Virginia law and the amount in controversy exceeds the Court's jurisdictional minimum.

3.2. This Court has concurrent jurisdiction over the federal Fair Housing Act claims under 42 U.S.C. § 3613(a).

3.3. Venue is proper in [COUNTY] County under W. Va. Code § 56-1-1 because Defendant resides or does business in this County and the Property and the discriminatory housing practices are located here.

3.4. Timeliness. This action is filed not later than two (2) years after the occurrence or the termination of the alleged discriminatory housing practice, as required by W. Va. Code § 5-11A-14(a) (excluding any period during which an administrative proceeding was pending). The parallel federal claim is timely under 42 U.S.C. § 3613(a).

4. FACTUAL ALLEGATIONS

4.1. Plaintiff is a member of one or more classes protected by the West Virginia Fair Housing Act. W. Va. Code §§ 5-11A-2 and 5-11A-5 prohibit housing discrimination because of race, color, religion, sex, ancestry, national origin, familial status, blindness, or disability.

4.2. On or about [DATE], Plaintiff [applied to rent / sought to purchase / resided at / inquired about] the Property.

4.3. Plaintiff is a member of the following protected class(es): [IDENTIFY — e.g., disability (________), familial status, race (________), national origin (________), religion, sex].

4.4. Defendant engaged in one or more of the following discriminatory housing practices:

☐ Refusal to sell or rent after a bona fide offer, or refusal to negotiate for sale or rental (W. Va. Code § 5-11A-5(a))
☐ Discrimination in the terms, conditions, or privileges of sale or rental, or in services or facilities (W. Va. Code § 5-11A-5(b))
☐ Discriminatory notice, statement, or advertisement indicating a preference, limitation, or discrimination (W. Va. Code § 5-11A-5(c))
☐ Misrepresenting that a dwelling is unavailable when it is in fact available (W. Va. Code § 5-11A-5(d))
☐ Blockbusting / inducing a transaction by neighborhood-composition representations (W. Va. Code § 5-11A-5(e))
☐ Refusal to permit a reasonable modification of the premises (disability) (W. Va. Code § 5-11A-5(f))
☐ Refusal to make a reasonable accommodation in rules, policies, practices, or services (disability) (W. Va. Code § 5-11A-5(f))
☐ Discrimination in a residential real estate-related transaction / financing (W. Va. Code § 5-11A-6)
☐ Discrimination in the provision of brokerage services (W. Va. Code § 5-11A-7)
☐ Harassment or creation of a hostile housing environment
☐ Interference, coercion, or intimidation for exercising fair-housing rights (W. Va. Code § 5-11A-16)
☐ Other: [DESCRIBE]

4.5. Specifically, the following occurred:

• [SPECIFIC INCIDENT 1 — date, actor, what was said/done, witnesses];
• [SPECIFIC INCIDENT 2];
• [SPECIFIC INCIDENT 3].

4.6. [Comparator evidence: Similarly situated applicants or tenants outside Plaintiff's protected class were treated more favorably, including [DESCRIBE].]

4.7. [Disability allegations, if applicable:] Plaintiff has a disability within the meaning of W. Va. Code § 5-11A-3(g) and 42 U.S.C. § 3602(h), specifically [DESCRIBE]. On or about [DATE], Plaintiff requested the following reasonable accommodation/modification: [DESCRIBE — e.g., assistance/service animal in a "no pets" building, accessible parking, grab bars]. Defendant [denied the request / failed to engage in the interactive process / imposed unreasonable conditions, including an improper request for medical records or providers prohibited by W. Va. Code § 5-11A-5].

4.8. As a direct and proximate result of Defendant's conduct, Plaintiff suffered the damages described below, including out-of-pocket losses, loss of housing opportunity, and emotional distress.

5. COUNT I — WEST VIRGINIA FAIR HOUSING ACT (W. Va. Code §§ 5-11A-5, -6, -7)

5.1. Plaintiff incorporates the preceding paragraphs.

5.2. Defendant's conduct constitutes one or more discriminatory housing practices prohibited by the West Virginia Fair Housing Act because of Plaintiff's [PROTECTED CLASS].

5.3. Defendant acted intentionally and/or its facially neutral policy had an unjustified discriminatory effect.

5.4. Plaintiff brings this claim under the private right of action created by W. Va. Code § 5-11A-14 and is entitled to actual and punitive damages, injunctive and other equitable relief, and reasonable attorneys' fees and costs.

6. COUNT II — FEDERAL FAIR HOUSING ACT (42 U.S.C. §§ 3604, 3617)

6.1. Plaintiff incorporates the preceding paragraphs.

6.2. Defendant's conduct violated 42 U.S.C. § 3604 by refusing to rent or sell, by making housing unavailable, and/or by discriminating in the terms, conditions, or privileges of housing because of Plaintiff's [race / color / religion / sex / familial status / national origin / disability].

6.3. Defendant further violated 42 U.S.C. § 3617 by coercing, intimidating, threatening, interfering with, or retaliating against Plaintiff for exercising rights protected by the federal Fair Housing Act.

6.4. This Count is timely under 42 U.S.C. § 3613(a). Plaintiff is entitled to actual and punitive damages, injunctive relief, and reasonable attorneys' fees and costs under 42 U.S.C. § 3613(c).

7. COUNT III — REASONABLE ACCOMMODATION / MODIFICATION (DISABILITY)

7.1. Plaintiff incorporates the preceding paragraphs.

7.2. Plaintiff is a person with a disability under W. Va. Code § 5-11A-3(g) and 42 U.S.C. § 3602(h).

7.3. Plaintiff requested a reasonable accommodation in rules, policies, practices, or services and/or a reasonable modification of the premises necessary to afford Plaintiff equal opportunity to use and enjoy the dwelling, and Defendant was required to consider the request.

7.4. The requested accommodation/modification was reasonable and necessary, and Defendant refused it, unreasonably conditioned it, or improperly demanded medical records or providers, in violation of W. Va. Code § 5-11A-5(f) and 42 U.S.C. § 3604(f)(3)(A)-(B).

7.5. Plaintiff is entitled to actual and punitive damages, injunctive relief (including an order compelling the accommodation/modification), and attorneys' fees and costs.

8. DAMAGES

8.1. Actual/compensatory damages: out-of-pocket losses, higher rent or relocation costs, lost housing opportunity, and other pecuniary harm, in amounts to be proven at trial.

8.2. Emotional distress damages: humiliation, embarrassment, anxiety, and loss of dignity.

8.3. Punitive damages: Defendant acted with malice or reckless or callous indifference to Plaintiff's rights, warranting punitive damages under W. Va. Code § 5-11A-14, W. Va. Code § 55-7-29, and 42 U.S.C. § 3613(c)(1).

8.4. Civil penalties: in any action commenced or joined by the Attorney General, civil penalties as authorized by W. Va. Code § 5-11A-15.

8.5. Attorneys' fees and costs: under W. Va. Code § 5-11A-14 and 42 U.S.C. § 3613(c)(2).

8.6. Pre- and post-judgment interest as allowed by law.

9. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays for judgment against Defendants, jointly and severally, as follows:

• A. For actual and compensatory damages according to proof;
• B. For emotional-distress damages;
• C. For punitive damages;
• D. For a declaration that Defendants' conduct violated West Virginia and federal fair-housing laws;
• E. For permanent injunctive relief, including an order to cease the discriminatory practices, to provide the requested accommodation/modification, and to adopt non-discriminatory policies and training;
• F. For reasonable attorneys' fees and costs under all applicable fee-shifting statutes;
• G. For pre- and post-judgment interest; and
• H. For such other and further relief as the Court deems just and proper.

10. DEMAND FOR JURY TRIAL

Plaintiff demands a trial by jury on all issues so triable pursuant to W. Va. R. Civ. P. 38, W. Va. Const. art. III, § 13, and the Seventh Amendment to the United States Constitution.

11. VERIFICATION

I, [PLAINTIFF NAME], declare under penalty of perjury under the laws of the State of West Virginia that I am the Plaintiff in this action, that I have read the foregoing Complaint, and that the matters stated herein are true of my own knowledge, except as to matters stated on information and belief, and as to those I believe them to be true.

Signed at [CITY], West Virginia, on [__/__/____].

[____________________]

[PLAINTIFF NAME]

12. SIGNATURE AND SERVICE BLOCKS

Date: [__/__/____]

Respectfully submitted,

[LAW FIRM NAME]

By: [____________________]

[ATTORNEY NAME], WV State Bar ID No. [______]

Attorney for Plaintiff

[STREET ADDRESS]

[CITY, STATE ZIP]

Telephone: [__________]

Email: [__________]

13. CERTIFICATE OF SERVICE

I certify that on [__/__/____] I caused a true and correct copy of the foregoing Complaint to be served on the following by [method — personal service / mail / electronic service per W. Va. R. Civ. P. 5]:

[SERVICE LIST WITH ADDRESSES]

[____________________]

[NAME / TITLE]

14. WEST VIRGINIA PRACTICE NOTES

• Enforcing agency. The West Virginia Human Rights Commission (WVHRC) administers and enforces the West Virginia Fair Housing Act, W. Va. Code § 5-11A-1 et seq.
• Protected classes (track federal law). W. Va. Code §§ 5-11A-2, -5: race, color, religion, sex, ancestry, national origin, familial status, blindness, and disability. The WVFHA does NOT enumerate sexual orientation, gender identity, age, or source of income; legislative proposals to add sexual orientation and age (e.g., 2019 SB 116) were not enacted. Some West Virginia municipalities (for example, Charleston, Morgantown, and others) have enacted local ordinances adding sexual orientation and gender identity; check for an applicable local fair-housing ordinance.
• Administrative charge vs. direct court suit. Election is available. An aggrieved person may file a complaint with the WVHRC within one year of the alleged discriminatory housing practice under W. Va. Code § 5-11A-11, OR commence a private civil action directly in circuit court under W. Va. Code § 5-11A-14. The WVHRC route includes investigation, conciliation, and (where reasonable cause is found) an administrative charge and hearing.
• Limitations periods.
• Private WVFHA civil action: 2 years after the occurrence or termination of the discriminatory housing practice, W. Va. Code § 5-11A-14(a), excluding time an administrative proceeding was pending.
• WVHRC administrative complaint: 1 year, W. Va. Code § 5-11A-11.
• Federal: 1 year to file a HUD administrative complaint (42 U.S.C. § 3610(a)); 2 years for a private federal court action (42 U.S.C. § 3613(a)).
• Remedies and penalties. W. Va. Code § 5-11A-14 (private action) authorizes actual and punitive damages, injunctive and other equitable relief, and reasonable attorneys' fees and costs — paralleling 42 U.S.C. § 3613(c). The Attorney General may bring pattern-or-practice actions and seek civil penalties under W. Va. Code § 5-11A-15. After a WVHRC administrative hearing, the Commission may order make-whole relief, including actual damages and injunctive relief (W. Va. Code § 5-11A-13); the availability of punitive damages is generally limited to a court proceeding.
• Assistance animals (2014 amendment). The WVFHA expressly requires reasonable accommodation for assistance animals, allows a housing provider to request documentation of the disability-related need, and PROHIBITS a request for access to the applicant's medical records or medical providers (W. Va. Code § 5-11A-5). A request may not be unreasonably denied or conditioned on a fee or deposit.
• Removal exposure. Including the federal FHA count creates federal-question jurisdiction permitting removal under 28 U.S.C. § 1441. Consider pleading the WVFHA count only to anchor in state court.

15. SOURCES AND REFERENCES

• W. Va. Code § 5-11A-1 et seq. (West Virginia Fair Housing Act) — https://code.wvlegislature.gov/5-11A/
• W. Va. Code § 5-11A-2 (declaration of policy; protected bases)
• W. Va. Code § 5-11A-3 (definitions; disability; assistance animals — 2014 amendment, H.B. 2387)
• W. Va. Code § 5-11A-5 (discrimination in sale or rental; reasonable accommodations)
• W. Va. Code § 5-11A-14 (enforcement by private persons; civil actions; 2-year SOL; remedies)
• W. Va. Code § 5-11A-15 (Attorney General enforcement; civil penalties)
• W. Va. Code § 5-11A-16 (interference, coercion, or intimidation)
• West Virginia Human Rights Commission — https://hrc.wv.gov/
• 42 U.S.C. § 3604 (federal FHA), § 3613 (private action), § 3617 (interference) — https://www.justice.gov/crt/fair-housing-act-2
• Texas Dep't of Housing & Community Affairs v. Inclusive Communities Project, Inc., 576 U.S. 519 (2015) (disparate impact under the FHA)
• HUD/DOJ Joint Statement on Reasonable Accommodations (2004); Reasonable Modifications (2008)

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in West Virginia must review and customize this document before filing. Verify all statutory citations, limitations periods, and court rules before use.