§5-11A-3. Definitions

Published: 2015

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WVC 5 - 11 A- 3

§5-11A-3. Definitions.

     As used in this article:

     (a) "Commission" means the West Virginia Human Rights


     (b) "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;

     (c) "Family" includes a single individual;

     (d) "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;

     (e) "To rent" includes to lease, to sublease, to let and

otherwise to grant for a consideration the right to occupy premises

not owned by the occupant;

     (f) "Discriminatory housing practice" means an act that is

unlawful under section five, six, seven or nineteen of this


     (g) "Disability" means, with respect to a person:

     (1) A physical or mental impairment which substantially limits one or more of the person's major life activities;

     (2) A record of having such an impairment; or

     (3) Being regarded as having such an impairment, but the term

does not include current, illegal use of or addiction to a

controlled substance, as defined in Section 102 of the Controlled

Substances Act, Title 21, United States Code, Section 802;

     (h) "Aggrieved person" includes any person who:

     (1) Claims to have been injured by a discriminatory housing

practice; or

     (2) Believes that the person will be injured by a

discriminatory housing practice that is about to occur;

     (i) "Complainant" means the person, including the commission,

who files a complaint under section eleven of this article;

     (j) "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; or

     (B) The designee of the parent or other person having custody

of the individual with the written permission of the parent or

other person; or

     (2) Any person who is pregnant or is in the process of

securing legal custody of any individual who has not attained the

age of eighteen years;

     (k) "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;

     (l) "Conciliation agreement" means a written agreement setting

forth the resolution of the issues in conciliation;

     (m) "Respondent" means:

     (1) The person or other entity accused in a complaint of an

unfair housing practice; and

     (2) Any other person or entity identified in the course of

investigation and notified as required with respect to respondents

identified under subsection (a), section eleven of this article;

     (n) The term "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; and

     (o) The term "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


     (p) "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's disability.

Note: WV Code updated with legislation passed through the 2015 Regular Session

The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.