Introduced Version
House Bill 2449 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 2449
(By Delegates Lawrence, Ferns and Fleischauer)
[Introduced February 14, 2013; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend and reenact §37-6-30 of the Code of West Virginia,
1931, as amended, relating to landlord and tenant, and the
duty of the landlord to maintain a premise; requiring a
landlord to address issues of accumulation and the growth of
mold; and requiring the landlord to perform mold remediation
in accordance with the Centers for Disease Control and
Prevention standards.
Be it enacted by the Legislature of West Virginia:
That §37-6-30 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 6. LANDLORD AND TENANT.
§37-6-30. Landlord to deliver premises; duty to maintain premises
in fit and habitable condition.
With respect to residential property:
(a) A landlord shall:
(1) At the commencement of a tenancy, deliver the dwelling
unit and surrounding premises in a fit and habitable condition, and
shall thereafter maintain the leased property in such that
condition; and
(2) Maintain the leased property in a condition that meets
requirements of applicable health, safety, fire and housing codes,
unless the failure to meet those requirements is the fault of the
tenant, a member of his or her family or other person on the
premises with his or her consent; and
(3) In multiple housing units, keep clean, safe and in repair
all common areas of the premises remaining under his or her control
that are maintained for the use and benefit of his or her tenants;
and
(4) Make all repairs necessary to keep the premises in a fit
and habitable condition, unless said the repairs were are
necessitated primarily by a lack of reasonable care by the tenant,
a member of his or her family or other person on the premises with
his or her consent; and
(5) Maintain in good and safe working order and condition all
electrical, plumbing, sanitary, heating, ventilating, air-
conditioning and other facilities and appliances, including
elevators, supplied or required to be supplied by him or her by
written or oral agreement or by law; and
(6) In multiple housing units, provide and maintain
appropriate conveniences for the removal of ashes, garbage, rubbish
and other waste incidental to the occupancy of the dwelling unit;
and
(7) With respect to dwelling units supplied by direct public
utility connections, supply running water and reasonable amounts of
hot water at all times, and reasonable heat between October 1, and
last day of April 30, except where the dwelling unit is so
constructed that running water, heat or hot water is generated by
an installation within the exclusive control of the tenant;
and
_______________(8) Maintain the premises as to prevent the accumulation and
the growth of mold and to promptly respond to any notices from a
tenant relating to mold in the premises. When the accumulation of
mold in the dwelling unit materially affects the health or safety
of any tenant or authorized occupant, the landlord may require the
tenant to temporarily vacate the dwelling unit in order for the
landlord to perform mold remediation in accordance with the Centers
for Disease Control and Prevention standards.
(b) If a landlord's duty under the rental agreement exceeds a
duty imposed by this section, that portion of the rental agreement
imposing a greater duty shall control controls.
(c) None of the provisions of this section shall be deemed to
require the landlord to make repairs when the tenant is in arrears
in payment of rent.
(d) For the purposes of this section, the term "multiple
housing unit" shall mean means a dwelling which contains a room or
group of rooms located within a building or structure forming more
than one habitable unit for occupants for living, sleeping, eating
and cooking.
NOTE: The purpose of this bill is to require a landlord
address issues of the accumulation of moisture and the growth of
mold to protect the health and safety of his or her tenants, and
perform mold remediation in accordance with the Centers for Disease
Control and Prevention standards.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.