W. Va. Code § 16-35 § 16-35-13
Penalties and fines.
Operative Text
(a) The director may impose a civil penalty of not less than $250 and not more than $5,000 for each separate violation of this article or any rules promulgated hereunder. In any case where a person fails to halt work following the issuance of a cease and desist order by the director, the violation shall be presumed to be willful and the person shall be assessed a civil penalty by the director of not less than $10,000 nor more than $25,000 for an initial violation and not less than $25,000 nor more than $50,000 for each subsequent violation. Failure to pay a civil penalty imposed by the director within thirty days of receipt of notification constitutes a separate violation. (b) Notwithstanding any other provision of this code, any person who violates any provision of this article or any rule promulgated hereunder is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $250, nor more than $50,000, or confined in the county or regional jail not more than one year, or both fined and confined.
West Virginia Code § 16-35-13 establishes a two-track penalty system for violations of the state's lead abatement rules in pre-1978 rental housing. On the civil side, the director may impose fines ranging from $250 to $5,000 per violation, with sharply escalating penalties—up to $50,000—when someone continues work after a cease-and-desist order is issued. Separately, any violation of Article 35 can also be treated as a misdemeanor criminal offense, potentially resulting in fines up to $50,000, up to one year of jail time, or both.
Plain English — not legal advice.
Property owners and managers subject to West Virginia Code § 16-35-13 who operate pre-1978 rental housing are generally expected to comply fully with all lead abatement requirements and to stop any regulated work immediately upon receipt of a cease-and-desist order from the director. Continuing work after such an order triggers a presumption of willfulness and exposes the operator to civil penalties starting at $10,000 for an initial offense and up to $50,000 for subsequent ones. Compliant operators also ensure that any assessed civil penalties are paid within thirty days of notification, since failure to pay itself constitutes a separate violation under this section.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants living in pre-1978 rental housing in West Virginia may find § 16-35-13 relevant if they believe their landlord is performing lead-related work without following state requirements or has ignored a cease-and-desist order. This provision gives the state director authority to impose significant civil penalties on non-compliant property owners, and violations can also be referred for misdemeanor criminal prosecution. Tenants who have concerns about lead abatement compliance in their home may consider contacting the West Virginia Department of Health or a local tenant-rights organization to understand what complaint or reporting options are available.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 26, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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