§5-11-18. Injunctions in certain housing complaints


Published: 2015

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WEST VIRGINIA CODE











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WVC 5-11-18

§5-11-18. Injunctions in certain housing complaints.

When it appears that a housing unit or units described in a

complaint may be sold, rented or otherwise disposed of before a

determination of the complaint or case has been made by the

commission or during judicial review of any final order of the

commission, the circuit court of the county in which such housing

unit or units are located may, upon the joint petition of the

commission and the complainant, or if there be more than one

complainant, all such complainants, issue a prohibitive injunction

restraining the sale, rental or other disposition of such housing

unit or units except in compliance with the order of the court. No

such injunction shall be issued by the court until the complainant

or complainants shall have posted bond, with good security

therefor, in such penalty as the court or judge awarding it may

direct. The court may include in any such injunction granted such

other conditions as it deems proper and just. Such injunction, if

granted, shall be of no more than thirty days duration. If at the

end of such thirty day period the commission notifies the court

that additional time is needed for the disposal or determination of

the complaint or case or the conclusion of such judicial review,

the court, for good cause shown, may extend the period of the

injunction for such additional time as the court deems proper. No

such extension shall be granted except upon the continuation or

reposting of the bond required for the original injunction and any

such extension of the injunction may be granted upon such additional terms and conditions as to the court seem proper and

just.





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

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