W. Va. Code §§ 16B-18-1 to 16B-18-21 § 16B-18-19
Severability of provisions.
Operative Text
If any provision of this article or the application thereof to any person or circumstances is held invalid, the remainder of the article and the application of the provision to other persons not similarly situated or to other circumstances shall not be affected thereby.
West Virginia Code § 16B-18-19 establishes a severability rule for the West Virginia Fair Housing Act, meaning that if any single part of the article is found legally invalid or unenforceable, that finding does not automatically invalidate the rest of the law. The remaining provisions continue to operate independently, and the invalidated portion may still apply in other contexts or to other people not similarly affected. This is a standard legal mechanism designed to preserve as much of the statute as possible when one piece is successfully challenged.
Plain English — not legal advice.
Under § 16B-18-19, the West Virginia Fair Housing Act is structured so that a successful legal challenge to one of its provisions does not unravel the entire law. Property owners and managers should understand that their obligations under the remaining, unchallenged portions of the article continue in full force regardless of any court ruling on a separate provision. Compliant operators generally continue following all other fair housing requirements even when a specific clause is under legal scrutiny.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section § 16B-18-19 of the West Virginia Fair Housing Act protects the overall integrity of the law by ensuring that a ruling against one provision does not strip away protections found elsewhere in the article. Tenants who believe their fair housing rights have been violated can still pursue remedies under the remaining valid provisions of the Act, even if a related clause has been challenged or invalidated. Tenant-rights organizations and local legal aid offices can help individuals understand which protections remain in effect and what general enforcement paths may be 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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