Age Discrimination in Wyoming Apartments

Wyoming does not directly prohibit landlords from discriminating against tenants based on their age. However, landlords should be careful to avoid discriminating against children and families (whom are protected under federal and state law). Additionally, discriminating against a senior because of their disability is prohibited under federal and state fair housing law which protects those with mental and physical health conditions.

Segregating by Age

A typical technique by landlords to minimize conflict between tenants is to group sections of buildings or advertise units for certain ages. For example, a landlord may advertise a trendy and loud neighborhood to younger tenants. A landlord might list a home in a quiet neighborhood is best for the elderly. Wyoming landlords are free to advertise units as ideal for certain age groups and to deny housing to people who do not fit those criteria since there is no law prohibiting discrimination by age.

Elderly

Wyoming has no direct protections against landlords discriminating against the elderly. This means, for the most part, landlords are free to put (and advertise) age restrictions on buildings, to separate the elderly from other tenants, and to charge the elderly more for rent or other services.

However, Wyoming has a related law that may protect the elderly. The state protects tenants from discrimination against perceived mental or physical health conditions. This likely covers situations where a landlord discriminates against the elderly because they believe they are more likely to have disabilities or special needs.

Young Adults

In Wyoming, young adults and college students are not protected from discrimination by landlords based on their age. This allows landlords to charge higher rent to students (or inversely, lower rent to older tenants), to prohibit students from renting, to advertise units as being unavailable to students, or to otherwise treat students as a high-risk tenant.

Children and Families

The Fair Housing Act prohibits discrimination against children, families, and pregnant women in Wyoming (and all US states). Due to this anti-discrimination law, Wyoming landlords cannot designate an apartment as being suitable for children, charge different rents or prices to families, advertise that there’s a preference for tenants without children, or prevent children from accessing the same amenities and facilities as adults (e.g., a sign that says, “no children in the laundry area”).

Enforcement

The consequences are different based on whether the discrimination is against children or adults.

If the discrimination was against children or familial status, the tenant has a choice of whether to report the problem to Wyoming authorities or federal authorities (or both). It’s generally best for tenants to notify both authorities where possible, but they will most likely get a faster response from the state.

Apart from cases involving children, Wyoming does not protect directly protect discrimination based on a tenant’s age and neither does the federal government. Therefore, adults and the elderly have no remedy in Wyoming when landlords treat them differently due to their age.

What happens when a tenant reports a problem to the federal government? The most recent year we have data is from 2016. In 2016, HUD addressed 63.4% (55.6% from Wyoming) of discrimination cases resolved in the year they were filed. 0 out of the 9 discrimination complaints from Wyoming concerned discrimination against children or familial status (age discrimination is not otherwise enforced by the federal government). Landlords that violate the federal Fair Housing Act can face civil penalties up to $16,000 for a first violation and $65,000 for future violations (each act of discrimination is a separate violation). In cases where the Justice Department is involved, civil penalties may rise to $100,000 per violation and federal courts can add additional damages. Landlords should also keep in mind the time and costs involved in defending against an action by the federal government. About 36% of complaints end up with a charge or settlement, based on 2016 data. Data.gov

What happens when a tenant reports a problem to the authorities of Wyoming or a local government? They may ask the tenant for information to help bring the case, including any evidence (e.g., emails and pictures). If the government finds there’s sufficient information between the tenant’s complaint (as well as complaints from other tenants), the landlord may be charged and taken to court to defend themselves. Landlords will likely receive fines if they lose. The amount of the fines will be determined in part by the severity of the issue. Fines increase significantly for repeat offenders. Wyo. Stat. 40-26-137 , Wyo. Stat. Sec. 40-26-132 . In addition, landlords may receive a misdemeanor criminal charge in certain cases, especially for severe cases or repeat offenders. This may result in some jail time. Wyo. Stat. 40-26-137 , Wyo. Stat. 40-26-144 , Wyo. Stat. Sec. 40-26-132 .

Reporting a Violation

Tenants may report violations of federal laws (i.e., discrimination against children and families) through the HUD website – it can be done online or via phone. Tenants can report issues to their state government by looking at the state website. A google search for “report fair housing violation in Wyoming” will likely provide applicable information. In either case, tenants may be able to call the number on the page to ask whether their situation legally qualifies as rental discrimination.

Retaliation by the Landlord

Federal law (the https://www.hud.gov/program_offices/fair_housing_equal_opp/online-complaintFair Housing Act ) makes it illegal for landlords to harass a tenant in retaliation for reporting a problem. Examples of such harassment may include raising the rent or threatening to evict the tenant. Each such attempt is an additional violation. These protections do not apply if the tenant complained about something that they don’t have right to, so tenants should know whether it’s a violation. Dept of Housing and Urban Development.

Religious Discrimination in Wyoming Apartments

Wyoming protects tenants from discriminatory practices by their landlord based on their religion. Tenants also have similar protections under federal law.

Discriminatory Actions

Discrimination covers quite a bit more than just landlords who refuse to rent to certain religions. Discrimination includes:

  • charging different rent or offering different amenities based on religion
  • denying an apartment or application based on their religion
  • refusing to make reasonable accommodations based on a tenant’s religion
  • interfering with a tenant’s use and enjoyment of the property based on their religion
  • pressuring a tenant to rent or not rent based on people of a certain religion in the neighborhood
  • denying a loan based on their religion
  • advertising an apartment that’s for or not for a person based on their religion
  • denying an applicant the opportunity to inspect the apartment based on their religion

Wyo. Stat. 40-26-107 , Wyo. Stat. 40-26-144 , Wyo. Stat. Sec. 40-26-103

.

Exemptions for Religious Organizations

In Wyoming, religious organizations are exempt when they restrict entry into their housing or apartments based on membership to their organization. This only applies in the rare cases when the property owner or landlord is itself a religious organization, not when the landlord is a person who is merely a member of a religious group. This exemption may have restrictions on the types of things an organization can discriminate based on, such as race or gender identity. Wyo. Stat. 40-26-103 , Wyo. Stat. 40-26-107 , Wyo. Stat. 40-26-110 .

Related Protections

Some religions are related to a tenant’s race or nationality, such as Judaism and Hinduism. 1987 Supreme Court case , Recent lower-level case . Both race and nationality are also protected from discrimination under Wyoming and federal laws offering additional protection to landlords who discriminate against such tenants. Wyo. Stat. 40-26-107 , Wyo. Stat. 40-26-144 , Wyo. Stat. Sec. 40-26-103 .

Discussing Neighborhood Demographics

In Wyoming, landlords violate state law if they discuss the religious demographics of the neighborhood with prospective tenants. For example, describing a neighborhood as having increasingly more Christians would violate the state’s law as a way to sell an apartment is considered religious discrimination. Inversely, it’s also discrimination for a landlord to say that a tenant may be interested in a more expensive apartment because the alternative is in a “bad” neighborhood due to the religious demographics in the area. To be safe, landlords should not discuss the racial or religious demographics of a neighborhood, even if asked directly by the tenant. Wyo. Stat. 40-26-107 , Wyo. Stat. 40-26-144 , Wyo. Stat. Sec. 40-26-103 .

Exemptions for Second Homes

Wyoming includes an exception intended for landlords who are renting out their second homes. The law is intended to reduce the compliance burden for such non-professional landlords. Specifically, landlords who rent fewer than 4 single-family houses do not have to abide by most of the discrimination laws.

Such exemptions do not typically apply to discriminatory advertising (e.g., “Only accepting tenants over 40”) or where the landlord uses a professional property manager.

Wyo. Stat. 40-26-103 , Wyo. Stat. 40-26-107 , Wyo. Stat. 40-26-110 .

Exception for Landlord-Occupied Homes

Wyoming has an exception called the “Murphy Rule”, which is intended to allow landlords to rent out extra rooms in their home without a large compliance burden. If the apartment is in the landlord’s own residence, then the landlord is free to discriminate regarding whom they rent to. This exception only applies to smaller homes, specifically where the house or building has four or fewer apartment units.

This exemption does not typically apply to advertising (e.g., “Only accepting white tenants”) or where the landlord uses a professional property manager or other real estate professional. Some states may have additional see restrictions. See state law for more details.

Wyo. Stat. 40-26-103 , Wyo. Stat. 40-26-107 , Wyo. Stat. 40-26-110 .

Enforcement

Tenants may report discrimination regarding their religion to the federal government directly. They also have the option in Wyoming to report it to state authorities. Tenants may choose to report the problem to both.

What happens when a tenant reports a problem to the federal government? The most recent year we have data is from 2016. In 2016, 63.4% (55.6% from Wyoming) of discrimination cases were resolved in the year they were filed. 0 out of the 9 discrimination complaints from Wyoming were about discriminatory acts based on the tenant’s religion. Landlords that violate the federal Fair Housing Act can face civil penalties up to $16,000 for a first violation and $65,000 for future violations (each act of discrimination is a separate violation). In cases where the Justice Department is involved, civil penalties may rise to $100,000 per violation and federal courts can add additional damages. Landlords should also keep in mind the time and costs involved in defending against an action by the federal government. About 36% of complaints end up with a charge or settlement, based on 2016 data. Data.gov

What happens when a tenant reports a problem to the authorities of Wyoming or a local government? They may ask the tenant for information to help bring the case, including any evidence (e.g., emails and pictures). If the government finds there’s sufficient information between the tenant’s complaint (as well as complaints from other tenants), the landlord may be charged and taken to court to defend themselves. Landlords will likely receive fines if they lose. The amount of the fines will be determined in part by the severity of the issue. Fines increase significantly for repeat offenders. Wyo. Stat. 40-26-137 , Wyo. Stat. Sec. 40-26-132 . In addition, landlords may receive a misdemeanor criminal charge in certain cases, especially for severe cases or repeat offenders. This may result in some jail time. Wyo. Stat. 40-26-137 , Wyo. Stat. 40-26-144 , Wyo. Stat. Sec. 40-26-132 .

Reporting a Violation

Tenants may report violations of federal laws (i.e., discrimination against children and families) through the HUD website – it can be done online or via phone. Tenants can report issues to their state government by looking at the state website. A google search for “report fair housing violation in Wyoming” will likely provide applicable information. In either case, tenants may be able to call the number on the page to ask whether their situation legally qualifies as rental discrimination.

Retaliation by the Landlord

Federal law (the https://www.hud.gov/program_offices/fair_housing_equal_opp/online-complaintFair Housing Act ) makes it illegal for landlords to harass a tenant in retaliation for reporting a problem. Examples of such harassment may include raising the rent or threatening to evict the tenant. Each such attempt is an additional violation. These protections do not apply if the tenant complained about something that they don’t have right to, so tenants should know whether it’s a violation. Dept of Housing and Urban Development.

Racial Discrimination in West Virginia Apartments

West Virginia protects tenants from discriminatory practices by their landlord based on their race, color, national origin, and ancestry. Similarly, tenants also have protection under the federal law from discrimination based on their race, color, and national origin.

Discriminatory Actions

Discrimination is broader than just saying a certain race cannot rent an apartment. Discrimination includes:

  • denying an apartment or application based on their race, color, national origin, or ancestry
  • advertising an apartment that’s for or not for a person based on their race, color, national origin, or ancestry
  • denying an applicant the opportunity to inspect the apartment based on their race, color, national origin, or ancestry
  • refusing to make reasonable accommodations based on a tenant’s race, color, national origin, or ancestry
  • denying a loan based on their race, color, national origin, or ancestry
  • pressuring a tenant to rent or not rent based on people of a certain race, color, national origin, or ancestry in the neighborhood
  • charging different rent or offering different amenities based on race, color, national origin, or ancestry
  • falsely stating an apartment is not available because of the tenant’s race, color, national origin, or ancestry
  • interfering with a tenant’s use and enjoyment of the property based on their race, color, national origin, or ancestry

W. Va. Code Sec. 5-11 .

Language Restrictions

Landlords that have language requirements for their apartments may be discriminating against tenants based on their national origin. Landlords that are working with tenants that speak other languages can now easily use free online translation services to communicate with their tenants. HUD Guidance on Non-English Speaking Tenants.

Discussing Neighborhood Demographics

In West Virginia, landlords violate state law if they discuss the racial demographics of the neighborhood to prospective tenants. In particular, the law prohibits landlords from pressuring a tenant to rent (or to not rent) based on a description of the racial demographics in the region. W. Va. Code Sec. 5-11 .

Exemptions for Second Homes

West Virginia includes an exception intended for landlords who are renting out their second homes. The law is intended to reduce the compliance burden for such non-professional landlords. Specifically, landlords who rent fewer than 4 single-family houses do not have to abide by most of the discrimination laws.

Such exemptions do not typically apply to discriminatory advertising (e.g., “Only accepting tenants over 40”) or where the landlord uses a professional property manager.

W. Va. Code 5-11 .

Exception for Landlord-Occupied Homes

West Virginia has an exception called the “Murphy Rule”, which is intended to allow landlords to rent out extra rooms in their home without a large compliance burden. If the apartment is in the landlord’s own residence, then the landlord is free to discriminate regarding whom they rent to. This exception only applies to smaller homes, specifically where the house or building has four or fewer apartment units.

This exemption does not typically apply to advertising (e.g., “Only accepting white tenants”) or where the landlord uses a professional property manager or other real estate professional. Some states may have additional see restrictions. See state law for more details.

W. Va. Code 5-11 .

Enforcement

Tenants may report discrimination regarding familial status, children, or pregnancy to the federal government directly. They also have the option in West Virginia to report it to state authorities. Tenants may choose to report the problem to both.

What happens when a tenant reports a problem to the federal government? The most recent year we have data is from 2016. In 2016, 63.4% (25.0% from West Virginia) of discrimination cases were resolved in the year they were filed. 2 out of the 16 discrimination complaints from West Virginia were about discrimination against children, familial status, or pregnancy. Landlords that violate the federal Fair Housing Act can face civil penalties up to $16,000 for a first violation and $65,000 for future violations (each act of discrimination is a separate violation). In cases where the Justice Department is involved, civil penalties may rise to $100,000 per violation and federal courts can add additional damages. Landlords should also keep in mind the time and costs involved in defending against an action by the federal government. About 36% of complaints end up with a charge or settlement, based on 2016 data. Data.gov

What happens when a tenant reports a problem to the authorities of West Virginia or a local government? They may ask the tenant for information to help bring the case, including any evidence (e.g., emails and pictures). If the government finds there’s sufficient information between the tenant’s complaint (as well as complaints from other tenants), the landlord may be charged and taken to court to defend themselves. Landlords will likely receive fines if they lose. The amount of the fines will be determined in part by the severity of the issue. Fines increase significantly for repeat offenders. W. Va. Code 5-11 , W. Va. Code Sec. 5-11 . W. Va. Code 5-11 , W. Va. Code Sec. 5-11 .

Reporting a Violation

Tenants may report violations of federal laws (i.e., discrimination against children and families) through the HUD website – it can be done online or via phone. Tenants can report issues to their state government by looking at the state website. A google search for “report fair housing violation in West Virginia” will likely provide applicable information. In either case, tenants may be able to call the number on the page to ask whether their situation legally qualifies as rental discrimination.

Retaliation by the Landlord

Federal law (the https://www.hud.gov/program_offices/fair_housing_equal_opp/online-complaintFair Housing Act ) makes it illegal for landlords to harass a tenant in retaliation for reporting a problem. Examples of such harassment may include raising the rent or threatening to evict the tenant. Each such attempt is an additional violation. These protections do not apply if the tenant complained about something that they don’t have right to, so tenants should know whether it’s a violation. Dept of Housing and Urban Development.

Sex, Gender, and LGBT-Based Discrimination in Wyoming Apartments

Wyoming law (and federal law) protects tenants from discrimination based on their sex or gender. This covers everything from offering lower rent for sexual favors to advertising men or women only apartments. Wyoming has no explicit protections for LGBT tenants, but federal and state protections against discriminating by one’s gender offers some indirect protections in certain cases. To be safe, landlords should be careful about treating LGBT tenants differently.

Sexism

Wyoming law and federal law protect tenants from discrimination based on their sex (e.g., male, female). This protects tenants from most kinds of sexist acts, including advertising an apartment that’s for or not for a person based on their sex, building a place that is inaccessible, pressuring a tenant to rent or not rent based on people of a certain sex in the neighborhood, refusing to allow the tenant to make to make reasonable modifications to suit their sex, denying an apartment or application based on their sex, interfering with a tenant’s use and enjoyment of the property based on their sex, refusing to make reasonable accommodations based on a tenant’s sex, denying an applicant the opportunity to inspect the apartment based on their sex, charging different rent or offering different amenities based on sex, and denying a loan based on their sex. Most commonly, setting different guest policies for women, advertising an apartment for men or women only, and offering a reduction in rent for sexual favors all constitute discrimination based on one’s sex or gender. Typically, apartments with shared common areas (e.g., apartment with roommates or suitemates) are exempt. Wyo. Stat. 40-26-107 , Wyo. Stat. 40-26-144 , Wyo. Stat. Sec. 40-26-103 .

Sexual Orientation

Wyoming does not have a law to specifically protect tenants from discrimination based on their sexual orientation. But tenants may have some protection under laws banning discrimination based on one’s sex. The Fair Housing Act protects tenants from discrimination based on their sex or gender. Do these protections apply to discrimination based on one’s sexual orientation (since one’s sexual orientation arguably involves one’s sex or gender)? It’s unclear in Wyoming and depends on the circumstance. Other states have ruled in conflicting ways on this issue. A few of the US Circuits have ruled that sexual orientation is covered under the federal or state rule prohibiting gender discrimination (see Hively v. Ivy Tech Community College and more recently, Wetzel v. Glen St. Andrew Living Community ). Other states have ruled the opposite Blum v. Gulf Oil Corp. . The issue could ultimately be decided either way in Wyoming.

Gender Identity

Wyoming offers no direct protection from discrimination against tenants who identify as a different gender than their biological sex. However, tenants may be able to rely on federal or state protections that prohibit landlords from discriminating against one’s sex. As stated on the Housing and Urban Development website : “The Fair Housing Act does not specifically include sexual orientation and gender identity as prohibited bases. However, discrimination against a lesbian, gay, bisexual, or transgender (LGBT) person may be covered by the Fair Housing Act if it is based on nonconformity with gender stereotypes. For example, if a housing provider refuses to rent to an LGBT person because he believes the person acts in a manner that does not conform to his notion of how a person of a particular sex should act, the person may pursue the matter as a violation of the Fair Housing Act’s prohibition of sex.” HUD Website. For this reason, landlords should be very cautious about denying housing or otherwise providing unequal treatment towards tenants with varying gender identities.

Sex to Pay Rent

Federal and state law protects tenants from discrimination based on their sex. Offers or propositions to pay rent (or a part of the rent) through sexual favors qualify as a form of sexual discrimination. PTLA.

Enforcement

Tenants may report sexual discrimination to the federal government directly. They also have the option in Wyoming to report it to state authorities. Tenants may choose to report the problem to both authorities. If the issue is LGBT-related, it’s better for tenants to report the problem to the state if they have strong protections for that LGBT issue and to the federal government if they don’t.

What happens when a tenant reports a problem to the federal government? The most recent year we have data is from 2016. In 2016, 63.4% (55.6% from Wyoming) of discrimination cases were resolved in the year they were filed. 0 out of the 9 discrimination complaints from Wyoming were about sexist discriminatory practices. Landlords that violate the federal Fair Housing Act can face civil penalties up to $16,000 for a first violation and $65,000 for future violations (each act of discrimination is a separate violation). In cases where the Justice Department is involved, civil penalties may rise to $100,000 per violation and federal courts can add additional damages. Landlords should also keep in mind the time and costs involved in defending against an action by the federal government. About 36% of complaints end up with a charge or settlement, based on 2016 data. Data.gov

What happens when a tenant reports a problem to the authorities of Wyoming or a local government? They may ask the tenant for information to help bring the case, including any evidence (e.g., emails and pictures). If the government finds there’s sufficient information between the tenant’s complaint (as well as complaints from other tenants), the landlord may be charged and taken to court to defend themselves. Landlords will likely receive fines if they lose. The amount of the fines will be determined in part by the severity of the issue. Fines increase significantly for repeat offenders. Wyo. Stat. 40-26-137 , Wyo. Stat. Sec. 40-26-132 . In addition, landlords may receive a misdemeanor criminal charge in certain cases, especially for severe cases or repeat offenders. This may result in some jail time. Wyo. Stat. 40-26-137 , Wyo. Stat. 40-26-144 , Wyo. Stat. Sec. 40-26-132 .

Reporting a Violation

Tenants may report violations of federal laws (i.e., discrimination against children and families) through the HUD website – it can be done online or via phone. Tenants can report issues to their state government by looking at the state website. A google search for “report fair housing violation in Wyoming” will likely provide applicable information. In either case, tenants may be able to call the number on the page to ask whether their situation legally qualifies as rental discrimination.

Retaliation by the Landlord

Federal law (the https://www.hud.gov/program_offices/fair_housing_equal_opp/online-complaintFair Housing Act ) makes it illegal for landlords to harass a tenant in retaliation for reporting a problem. Examples of such harassment may include raising the rent or threatening to evict the tenant. Each such attempt is an additional violation. These protections do not apply if the tenant complained about something that they don’t have right to, so tenants should know whether it’s a violation. Dept of Housing and Urban Development.

Religious Discrimination in West Virginia Apartments

West Virginia protects tenants from discriminatory practices by their landlord based on their religion. Tenants also have similar protections under federal law.

Discriminatory Actions

Discrimination covers quite a bit more than just landlords who refuse to rent to certain religions. Discrimination includes:

  • denying a loan based on their religion
  • charging different rent or offering different amenities based on religion
  • refusing to make reasonable accommodations based on a tenant’s religion
  • denying an apartment or application based on their religion
  • interfering with a tenant’s use and enjoyment of the property based on their religion
  • pressuring a tenant to rent or not rent based on people of a certain religion in the neighborhood
  • advertising an apartment that’s for or not for a person based on their religion
  • falsely stating an apartment is not available because of the tenant’s religion
  • denying an applicant the opportunity to inspect the apartment based on their religion

W. Va. Code Sec. 5-11

.

Exemptions for Religious Organizations

In West Virginia, religious organizations are exempt when they restrict entry into their housing or apartments based on membership to their organization. This only applies in the rare cases when the property owner or landlord is itself a religious organization, not when the landlord is a person who is merely a member of a religious group. This exemption may have restrictions on the types of things an organization can discriminate based on, such as race or gender identity. W. Va. Code 5-11 .

Related Protections

Some religions are related to a tenant’s race or nationality, such as Judaism and Hinduism. 1987 Supreme Court case , Recent lower-level case . Both race and nationality are also protected from discrimination under West Virginia and federal laws offering additional protection to landlords who discriminate against such tenants. W. Va. Code Sec. 5-11 .

Discussing Neighborhood Demographics

In West Virginia, landlords violate state law if they discuss the religious demographics of the neighborhood with prospective tenants. For example, describing a neighborhood as having increasingly more Christians would violate the state’s law as a way to sell an apartment is considered religious discrimination. Inversely, it’s also discrimination for a landlord to say that a tenant may be interested in a more expensive apartment because the alternative is in a “bad” neighborhood due to the religious demographics in the area. To be safe, landlords should not discuss the racial or religious demographics of a neighborhood, even if asked directly by the tenant. W. Va. Code Sec. 5-11 .

Exemptions for Second Homes

West Virginia includes an exception intended for landlords who are renting out their second homes. The law is intended to reduce the compliance burden for such non-professional landlords. Specifically, landlords who rent fewer than 4 single-family houses do not have to abide by most of the discrimination laws.

Such exemptions do not typically apply to discriminatory advertising (e.g., “Only accepting tenants over 40”) or where the landlord uses a professional property manager.

W. Va. Code 5-11 .

Exception for Landlord-Occupied Homes

West Virginia has an exception called the “Murphy Rule”, which is intended to allow landlords to rent out extra rooms in their home without a large compliance burden. If the apartment is in the landlord’s own residence, then the landlord is free to discriminate regarding whom they rent to. This exception only applies to smaller homes, specifically where the house or building has four or fewer apartment units.

This exemption does not typically apply to advertising (e.g., “Only accepting white tenants”) or where the landlord uses a professional property manager or other real estate professional. Some states may have additional see restrictions. See state law for more details.

W. Va. Code 5-11 .

Enforcement

Tenants may report discrimination regarding their religion to the federal government directly. They also have the option in West Virginia to report it to state authorities. Tenants may choose to report the problem to both.

What happens when a tenant reports a problem to the federal government? The most recent year we have data is from 2016. In 2016, 63.4% (25.0% from West Virginia) of discrimination cases were resolved in the year they were filed. 0 out of the 16 discrimination complaints from West Virginia were about discriminatory acts based on the tenant’s religion. Landlords that violate the federal Fair Housing Act can face civil penalties up to $16,000 for a first violation and $65,000 for future violations (each act of discrimination is a separate violation). In cases where the Justice Department is involved, civil penalties may rise to $100,000 per violation and federal courts can add additional damages. Landlords should also keep in mind the time and costs involved in defending against an action by the federal government. About 36% of complaints end up with a charge or settlement, based on 2016 data. Data.gov

What happens when a tenant reports a problem to the authorities of West Virginia or a local government? They may ask the tenant for information to help bring the case, including any evidence (e.g., emails and pictures). If the government finds there’s sufficient information between the tenant’s complaint (as well as complaints from other tenants), the landlord may be charged and taken to court to defend themselves. Landlords will likely receive fines if they lose. The amount of the fines will be determined in part by the severity of the issue. Fines increase significantly for repeat offenders. W. Va. Code 5-11 , W. Va. Code Sec. 5-11 . W. Va. Code 5-11 , W. Va. Code Sec. 5-11 .

Reporting a Violation

Tenants may report violations of federal laws (i.e., discrimination against children and families) through the HUD website – it can be done online or via phone. Tenants can report issues to their state government by looking at the state website. A google search for “report fair housing violation in West Virginia” will likely provide applicable information. In either case, tenants may be able to call the number on the page to ask whether their situation legally qualifies as rental discrimination.

Retaliation by the Landlord

Federal law (the https://www.hud.gov/program_offices/fair_housing_equal_opp/online-complaintFair Housing Act ) makes it illegal for landlords to harass a tenant in retaliation for reporting a problem. Examples of such harassment may include raising the rent or threatening to evict the tenant. Each such attempt is an additional violation. These protections do not apply if the tenant complained about something that they don’t have right to, so tenants should know whether it’s a violation. Dept of Housing and Urban Development.

Can Landlords Reject Tenants with Housing Vouchers in Wyoming?

There is no explicit law in Wyoming, its major cities, or counties regarding whether landlords can implement a policy of not accepting vouchers or tenants receiving government assistance to pay rent. However, some courts have ruled that doing so violates the Fair Housing Act and similar laws.

Discrimination Against Families and Minorities

Most of the time, landlords are free to deny voucher holders as a rule where there is no direct rule against it. However, a few courts have held that discrimination against voucher recipients (e.g., a “No Voucher” policy) violates anti-discrimination laws (see the Fair Housing Act and the corresponding state law of Wyoming). This is because a majority of voucher recipients are minorities and families and so such a policy has a discriminatory impact on those protected groups. While rare, it’s becoming increasingly common. To be on the safe side, landlords should avoid no voucher bans. See Wikipedia for more details.

Resources

Learn more about Section 8 and the Voucher program here.

Sex, Gender, and LGBT-Based Discrimination in West Virginia Apartments

West Virginia law (and federal law) protects tenants from discrimination based on their sex or gender. This covers everything from offering lower rent for sexual favors to advertising men or women only apartments. West Virginia has no explicit protections for LGBT tenants, but federal and state protections against discriminating by one’s gender offers some indirect protections in certain cases. To be safe, landlords should be careful about treating LGBT tenants differently.

Sexism

West Virginia law and federal law protect tenants from discrimination based on their sex (e.g., male, female). This protects tenants from most kinds of sexist acts, including advertising an apartment that’s for or not for a person based on their sex, pressuring a tenant to rent or not rent based on people of a certain sex in the neighborhood, building a place that is inaccessible, denying an applicant the opportunity to inspect the apartment based on their sex, denying a loan based on their sex, interfering with a tenant’s use and enjoyment of the property based on their sex, refusing to make reasonable accommodations based on a tenant’s sex, charging different rent or offering different amenities based on sex, denying an apartment or application based on their sex, falsely stating an apartment is not available because of the tenant’s sex, and refusing to allow the tenant to make to make reasonable modifications to suit their sex. Most commonly, setting different guest policies for women, advertising an apartment for men or women only, and offering a reduction in rent for sexual favors all constitute discrimination based on one’s sex or gender. Typically, apartments with shared common areas (e.g., apartment with roommates or suitemates) are exempt. W. Va. Code Sec. 5-11 .

Sexual Orientation

West Virginia does not have a law to specifically protect tenants from discrimination based on their sexual orientation. But tenants may have some protection under laws banning discrimination based on one’s sex. The Fair Housing Act protects tenants from discrimination based on their sex or gender. Do these protections apply to discrimination based on one’s sexual orientation (since one’s sexual orientation arguably involves one’s sex or gender)? It’s unclear in West Virginia and depends on the circumstance. Other states have ruled in conflicting ways on this issue. A few of the US Circuits have ruled that sexual orientation is covered under the federal or state rule prohibiting gender discrimination (see Hively v. Ivy Tech Community College and more recently, Wetzel v. Glen St. Andrew Living Community ). Other states have ruled the opposite Blum v. Gulf Oil Corp. . The issue could ultimately be decided either way in West Virginia.

Gender Identity

West Virginia offers no direct protection from discrimination against tenants who identify as a different gender than their biological sex. However, tenants may be able to rely on federal or state protections that prohibit landlords from discriminating against one’s sex. As stated on the Housing and Urban Development website : “The Fair Housing Act does not specifically include sexual orientation and gender identity as prohibited bases. However, discrimination against a lesbian, gay, bisexual, or transgender (LGBT) person may be covered by the Fair Housing Act if it is based on nonconformity with gender stereotypes. For example, if a housing provider refuses to rent to an LGBT person because he believes the person acts in a manner that does not conform to his notion of how a person of a particular sex should act, the person may pursue the matter as a violation of the Fair Housing Act’s prohibition of sex.” HUD Website. For this reason, landlords should be very cautious about denying housing or otherwise providing unequal treatment towards tenants with varying gender identities.

Sex to Pay Rent

Federal and state law protects tenants from discrimination based on their sex. Offers or propositions to pay rent (or a part of the rent) through sexual favors qualify as a form of sexual discrimination. PTLA.

Enforcement

Tenants may report sexual discrimination to the federal government directly. They also have the option in West Virginia to report it to state authorities. Tenants may choose to report the problem to both authorities. If the issue is LGBT-related, it’s better for tenants to report the problem to the state if they have strong protections for that LGBT issue and to the federal government if they don’t.

What happens when a tenant reports a problem to the federal government? The most recent year we have data is from 2016. In 2016, 63.4% (25.0% from West Virginia) of discrimination cases were resolved in the year they were filed. 1 out of the 16 discrimination complaints from West Virginia were about sexist discriminatory practices. Landlords that violate the federal Fair Housing Act can face civil penalties up to $16,000 for a first violation and $65,000 for future violations (each act of discrimination is a separate violation). In cases where the Justice Department is involved, civil penalties may rise to $100,000 per violation and federal courts can add additional damages. Landlords should also keep in mind the time and costs involved in defending against an action by the federal government. About 36% of complaints end up with a charge or settlement, based on 2016 data. Data.gov

What happens when a tenant reports a problem to the authorities of West Virginia or a local government? They may ask the tenant for information to help bring the case, including any evidence (e.g., emails and pictures). If the government finds there’s sufficient information between the tenant’s complaint (as well as complaints from other tenants), the landlord may be charged and taken to court to defend themselves. Landlords will likely receive fines if they lose. The amount of the fines will be determined in part by the severity of the issue. Fines increase significantly for repeat offenders. W. Va. Code 5-11 , W. Va. Code Sec. 5-11 . W. Va. Code 5-11 , W. Va. Code Sec. 5-11 .

Reporting a Violation

Tenants may report violations of federal laws (i.e., discrimination against children and families) through the HUD website – it can be done online or via phone. Tenants can report issues to their state government by looking at the state website. A google search for “report fair housing violation in West Virginia” will likely provide applicable information. In either case, tenants may be able to call the number on the page to ask whether their situation legally qualifies as rental discrimination.

Retaliation by the Landlord

Federal law (the https://www.hud.gov/program_offices/fair_housing_equal_opp/online-complaintFair Housing Act ) makes it illegal for landlords to harass a tenant in retaliation for reporting a problem. Examples of such harassment may include raising the rent or threatening to evict the tenant. Each such attempt is an additional violation. These protections do not apply if the tenant complained about something that they don’t have right to, so tenants should know whether it’s a violation. Dept of Housing and Urban Development.

Can Landlords Reject Tenants with Housing Vouchers in West Virginia?

There is no explicit law in West Virginia, its major cities, or counties regarding whether landlords can implement a policy of not accepting vouchers or tenants receiving government assistance to pay rent. However, some courts have ruled that doing so violates the Fair Housing Act and similar laws.

Discrimination Against Families and Minorities

Most of the time, landlords are free to deny voucher holders as a rule where there is no direct rule against it. However, a few courts have held that discrimination against voucher recipients (e.g., a “No Voucher” policy) violates anti-discrimination laws (see the Fair Housing Act and the corresponding state law of West Virginia). This is because a majority of voucher recipients are minorities and families and so such a policy has a discriminatory impact on those protected groups. While rare, it’s becoming increasingly common. To be on the safe side, landlords should avoid no voucher bans. See Wikipedia for more details.

Resources

Learn more about Section 8 and the Voucher program here.

Discrimination Against Mental or Physical Health Conditions in Wisconsin Apartments

Wisconsin and federal law give tenants strong protections when landlords discriminate against their mental or physical health conditions. Landlords are required to provide reasonable accommodations for tenants’ handicaps.

What’s Covered?

Wisconsin and federal law cover mental and physical health-related handicaps. A “health condition” is much broader than a diagnosed disease in official medical books. It can be any mental or physical impairment which substantially limits one or more major life activities. Conditions that may not obviously be a disability qualify for protection, such as a sports injury, hoarding tendencies, or paranoia. Of course, medically diagnosed conditions also qualify, such as HIV, cancer, Alzheimer’s, or bipolar disorder. The law also covers tenants that had a history of such an impairment and tenants who have been regarded as having such an impairment. Wis. Stat. 106.50 , Wis. Stat. Sec. 106.50 .

Wisconsin expands on federal protections by extending the protections in situations where the landlord discriminates based on a belief that the tenant has a disability when in reality, the tenant does not. Wis. Stat. 106.50 , Wis. Stat. Sec. 106.50 .

Landlords cannot discriminate against recovering addicts unless they are currently using or addicted to illegal drugs. Discrimination against alcoholics is illegal.

Reasonable Accommodations

Tenants may request reasonable accommodations for their disability. Tenants should request a specific change that would help in writing to ensure that there is a record of when the request was made. Landlords are required to provide reasonable accommodations to help tenants’ disability. For example, if a tenant breaks their leg, the tenant is likely entitled to a makeshift ramp to enter and exit their apartment (or another low-cost solution). If a tenant’s mental condition disturbs their neighbor, the tenant is often entitled to the option of moving to another vacant apartment in the building (so long as the cost is reasonable to the landlord). Wis. Stat. 106.50 , Wis. Stat. Sec. 106.50 .

Modifications to Apartment

Tenants are entitled to make reasonable structural modifications to their apartment to suit their handicap or disability – landlords cannot typically say no. However, these modifications must be made at the tenant’s expense, along with the costs of restoring the apartment to its original state. Landlords are also allowed to charge an additional deposit to cover the cost in case the tenant fails to restore the apartment to its original state. Tenant’s Guide to Fair Housing (by HUD)

Emotional Support Animals and Service Dogs

Service dogs and emotional support animals are always permitted, regardless of the landlord’s pet policy. In addition, animals may serve a reasonable accommodation for a tenant’s disability even if the animal has no special designation. For example, a deaf tenant may have a dog that will help alert them to smoke and fire dangers in lieu of auditory smoke alarms. Layman explanation from AAOA HUD Service and Assistance Animal Guidance

Asking About a Tenant’s Disability

It’s generally illegal for landlords to ask whether a tenant has a disability, the nature or severity of a handicap, what treatments or medications they take, or whether they have seen a psychiatrist. However, the landlord is permitted to inquire about the disability in the limited circumstances where the tenant is applying to housing set aside for people with disabilities or if the tenant is asking the landlord to make a reasonable accommodation for their disability. To determine the accommodations needed, landlords are allowed to ask about the nature of the disability. Tenant Resource Center on Renting with Disabilities

Exception for Dangerous Tenants

Wisconsin has an exception for tenants that may pose a direct threat to the safety of other tenants or persons on the property. For example, a landlord does not have to rent to a person who has a mental condition that makes them violent. Similarly, if a tenant is throwing things off their balcony due to a mental disorder, the landlord may decide to evict them despite their condition. However, to be safe, landlords should look for any reasonable accommodation that they can provide to the tenant (e.g., moving the tenant to a room without a balcony).

Enforcement

Tenants may report discrimination regarding mental or physical health conditions to the federal government directly. They also have the option in Wisconsin to report it to state authorities. Tenants may choose to report the problem to both.

What happens when a tenant reports a problem to the federal government? The most recent year we have data is from 2016. In 2016, 63.4% (41.2% from Wisconsin) of discrimination cases were resolved in the year they were filed. 32 out of the 51 discrimination complaints from Wisconsin were about discrimination against those with mental or physical health conditions. Landlords that violate the federal Fair Housing Act can face civil penalties up to $16,000 for a first violation and $65,000 for future violations (each act of discrimination is a separate violation). In cases where the Justice Department is involved, civil penalties may rise to $100,000 per violation and federal courts can add additional damages. Landlords should also keep in mind the time and costs involved in defending against an action by the federal government. About 36% of complaints end up with a charge or settlement, based on 2016 data. Data.gov

What happens when a tenant reports a problem to the authorities of Wisconsin or a local government? They may ask the tenant for information to help bring the case, including any evidence (e.g., emails and pictures). If the government finds there’s sufficient information between the tenant’s complaint (as well as complaints from other tenants), the landlord may be charged and taken to court to defend themselves. Landlords will likely receive fines if they lose. The amount of the fines will be determined in part by the severity of the issue. Fines increase significantly for repeat offenders. Wis. Stat. Sec. 106.50 . Wis. Stat. 106.50 , Wis. Stat. Sec. 106.50 .

Reporting a Violation

Tenants may report violations of federal laws (i.e., discrimination against children and families) through the HUD website – it can be done online or via phone. Tenants can report issues to their state government by looking at the state website. A google search for “report fair housing violation in Wisconsin” will likely provide applicable information. In either case, tenants may be able to call the number on the page to ask whether their situation legally qualifies as rental discrimination.

Retaliation by the Landlord

Federal law (the https://www.hud.gov/program_offices/fair_housing_equal_opp/online-complaintFair Housing Act ) makes it illegal for landlords to harass a tenant in retaliation for reporting a problem. Examples of such harassment may include raising the rent or threatening to evict the tenant. Each such attempt is an additional violation. These protections do not apply if the tenant complained about something that they don’t have right to, so tenants should know whether it’s a violation. Dept of Housing and Urban Development.

Discrimination of Families, Pregnant Women, and Children in Wisconsin Apartments

It is illegal in Wisconsin (and federally) for landlords to discriminate against tenants based on their having children, being pregnant, or otherwise their familial status. Children must be provided equal access to all facilities and services offered to adults. In addition, tenants are protected from discrimination based on their marital status.

Family Restrictions

Most types of restrictions on families with children violate Wisconsin and federal law. For example, charging tenants with children higher rent or a higher deposit, advertising an apartment as being only for families (or not for families), putting an age limit for children, and placing all families in one part of the building are all illegal. Wis. Stat. 106.50 , Wis. Stat. Sec. 106.50 .

Rights of Children

Landlords that treat children and adults differently are violating the law that prohibits landlords from discriminating against a tenant’s familial status. Thus, prohibiting children from playing in the laundry room, using the pool, or putting up signs that children can’t skateboard violates the law. Apartment policies must apply equally to adults and children. Wis. Stat. 106.50 , Wis. Stat. Sec. 106.50 .

Pregnancy

Discriminating against pregnant tenants is illegal. For example, it’s illegal to denying an apartment application because someone is pregnant, charging higher rent or deposits to a pregnant tenant, or deliberately placing a pregnant tenant in a certain part of a building so other tenants aren’t disturbed by the noise of babies. Wis. Stat. 106.50 , Wis. Stat. Sec. 106.50 .

Marital Status

Wisconsin additionally prohibits discrimination based on one’s marital status. Landlords cannot offer lowered rent to married tenants, only accept married couples, or only accept single tenants. Wis. Stat. 106.50 , Wis. Stat. Sec. 106.50 .

Enforcement

Tenants may report discrimination regarding familial status, children, or pregnancy to the federal government directly. They also have the option in Wisconsin to report it to state authorities. Tenants may choose to report the problem to both.

What happens when a tenant reports a problem to the federal government? The most recent year we have data is from 2016. In 2016, 63.4% (41.2% from Wisconsin) of discrimination cases were resolved in the year they were filed. 8 out of the 51 discrimination complaints from Wisconsin were about discrimination against children, familial status, or pregnancy. Landlords that violate the federal Fair Housing Act can face civil penalties up to $16,000 for a first violation and $65,000 for future violations (each act of discrimination is a separate violation). In cases where the Justice Department is involved, civil penalties may rise to $100,000 per violation and federal courts can add additional damages. Landlords should also keep in mind the time and costs involved in defending against an action by the federal government. About 36% of complaints end up with a charge or settlement, based on 2016 data. Data.gov

What happens when a tenant reports a problem to the authorities of Wisconsin or a local government? They may ask the tenant for information to help bring the case, including any evidence (e.g., emails and pictures). If the government finds there’s sufficient information between the tenant’s complaint (as well as complaints from other tenants), the landlord may be charged and taken to court to defend themselves. Landlords will likely receive fines if they lose. The amount of the fines will be determined in part by the severity of the issue. Fines increase significantly for repeat offenders. Wis. Stat. Sec. 106.50 . Wis. Stat. 106.50 , Wis. Stat. Sec. 106.50 .

Reporting a Violation

Tenants may report violations of federal laws (i.e., discrimination against children and families) through the HUD website – it can be done online or via phone. Tenants can report issues to their state government by looking at the state website. A google search for “report fair housing violation in Wisconsin” will likely provide applicable information. In either case, tenants may be able to call the number on the page to ask whether their situation legally qualifies as rental discrimination.

Retaliation by the Landlord

Federal law (the https://www.hud.gov/program_offices/fair_housing_equal_opp/online-complaintFair Housing Act ) makes it illegal for landlords to harass a tenant in retaliation for reporting a problem. Examples of such harassment may include raising the rent or threatening to evict the tenant. Each such attempt is an additional violation. These protections do not apply if the tenant complained about something that they don’t have right to, so tenants should know whether it’s a violation. Dept of Housing and Urban Development.