West Virginia 2025 Regular Session

West Virginia House Bill HB2828

Introduced
2/24/25  

Caption

Relating to landlord and tenant

Impact

The proposed bill will amend the existing West Virginia Code to establish clear rights for tenants when faced with situations of domestic violence or threats of violence. It preempts any local ordinances that may be inconsistent with the new provisions, simplifying the legal landscape for tenants and landlords alike. This change could significantly alter the dynamics of landlord-tenant relationships across the state, placing a stronger emphasis on tenant safety and their right to privacy. Additionally, the bill provides tenants with a potential civil action for violations, which could lead to greater accountability for landlords.

Summary

House Bill 2828 aims to enhance tenant rights in West Virginia by providing explicit protections for residential tenants in situations involving domestic violence and other forms of imminent threat. Specifically, the bill prohibits landlords from penalizing tenants for calling emergency services in response to unlawful conduct and ensures that tenants have the right to terminate their lease without penalty if they fear imminent violence. The legislation is designed to empower tenants and provide them with a safer living environment, emphasizing the importance of immediate access to necessary emergency services.

Sentiment

The general sentiment around HB 2828 appears supportive, particularly among tenant advocacy groups and those concerned with issues of domestic violence. Proponents argue that the bill is a necessary step in safeguarding tenants from the repercussions of calling for help during emergencies, thereby addressing a critical gap in tenant rights. However, some concerns have been raised regarding the impact on landlords, who may feel that the bill could undermine their authority and control over rental properties. Despite this, the overall perception leans towards the positive, emphasizing the need for protective measures for the most vulnerable tenants.

Contention

Notable points of contention surrounding HB 2828 include the balance between tenant rights and landlord responsibilities. Some landlords fear that the bill may lead to abuse of the system, allowing tenants to terminate leases without valid cause under the pretext of safety concerns. Moreover, the bill’s preemption of local laws could spark debate over the adequacy of protections tailored to local conditions and needs. The discussions may highlight a broader tension within housing policies between safeguarding tenant rights and ensuring that landlords can effectively manage their properties.

Companion Bills

No companion bills found.

Previously Filed As

WV SCR102

Extending State of Emergency and suspending certain requirements for Free Application for Federal Student Aid

WV HB115

Relating to the amount of surplus deposited into the Revenue Shortfall Reserve Fund and providing for an effective date

WV HB114

Relating to political party nomination of presidential electors

WV SCR101

Urging US Department of Education to accelerate processing of Free Application for Federal Student Aid

WV HR101

Amending House Rule 56, relating to Motions Not in Order

WV SB1013

Prohibiting payment to residential substance use disorder treatment facilities in certain circumstances

WV HB113

Prohibiting payment to residential substance use disorder treatment facilities that do not meet certain requirements

WV SB1001

Supplementing and amending appropriations to Department of Health and Department of Human Services

WV HB101

Supplementing and amending appropriations to the Department of Health and Department of Human Services

WV SB1015

Amending amount of surplus deposited into Revenue Shortfall Reserve Fund

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