W. Va. Code § 16B-17 § 16B-17-18
Injunctions in certain housing complaints.
Operative Text
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 30 days duration. If at the end of such 30-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.
West Virginia Code § 16B-17-18 establishes a mechanism to temporarily freeze the sale, rental, or other transfer of a housing unit that is the subject of a fair-housing complaint, so that the property is not disposed of before the complaint is resolved. A circuit court in the county where the property is located may issue such an injunction, but only when both the West Virginia Human Rights Commission and all complainants jointly petition for it, and only after the complainants post a bond approved by the court. The injunction lasts no more than 30 days initially, though the court may extend it for good cause if the Commission reports that more time is needed, provided the bond is continued or reposted.
Plain English — not legal advice.
Under § 16B-17-18, a property owner who is the subject of a pending fair-housing complaint should be aware that a circuit court has the authority to temporarily block any sale, rental, or transfer of the affected unit while the complaint is under review. Compliant operators generally maintain records of all pending transactions and communications with the West Virginia Human Rights Commission so they can respond promptly if a joint petition for injunction is filed. Understanding that any such court order is time-limited and subject to bond requirements can help property managers anticipate the procedural timeline involved.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section § 16B-17-18 gives complainants in a fair-housing case a potential tool to prevent a housing unit from being sold or rented away before their complaint is decided, by allowing them to join the West Virginia Human Rights Commission in petitioning a circuit court for a temporary injunction. Tenants or applicants who believe they have been discriminated against in housing may wish to contact the West Virginia Human Rights Commission to understand whether this remedy could apply to their situation. Tenant-rights organizations can also help explain the bond requirement and other procedural steps associated with seeking relief under this provision.
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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