H. B. 2210


(By Delegate Hunt)
[Introduced January 14, 1999; referred to the
Committee on the Judiciary.]




A BILL to amend article six, chapter thirty-seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section thirty-one, relating to property owner liability for illegal activity of the tenant on the owner's property; written notice of the illegal activity by law-enforcement personnel; giving landlords an absolute right to evict for illegal activity; and providing criminal and civil penalties therefor.

Be it enacted by the Legislature of West Virginia:
That article six, chapter thirty-seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section thirty-one, to read as follows:
ARTICLE 6. LANDLORD AND TENANT.
§37-6-31. Illegal activity; landlord responsibility; penalties; severability.
(a) For purposes of this section the following definitions apply:
(1) "Operator" means any person, whether an owner, tenant, possessor or any agent, partner, officer or employee thereof, in possession and control of property.
(2) "Property" means any business, establishment, building, vehicle, home, structure or other property together with the land surrounding the property.
(b) No owner or operator of any property may knowingly allow illegal activity to occur on the property or permit the property to be used for illegal activity. For the purposes of this section to allow the illegal activity to occur or to permit the property to be used for illegal activity constitutes a nuisance. Each day the illegal activity exists constitutes a separate offense.
(c) Any operator who violates the provisions of subsection (b) of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one thousand dollars, or confined in the county or regional jail not more than six months for each offense.
(d) Any owner who is not the operator of the property upon which illegal activity is taking place or which is being used for illegal activity who fails to take action to terminate the illegal activity within thirty days after notice by the chief of police or county sheriff, or his or her designee, shall be fined five hundred dollars for each day the illegal activity continues after the thirty-day period, subject to the following:
(1) The chief of police or county sheriff, or his or her designee, shall first serve written notice to the tenant in the property that illegal activity is being conducted and that the tenant shall be evicted if the activity does not cease within fifteen days. A copy of the notice shall be provided to the owner of the property and payor of rent;
(2) Any written notice to the owner of the property hereunder shall also be served on the tenant;
(3) Any written notice shall describe in specific detail the facts forming the basis for the allegation of the illegal activity and the specific illegal activity occurring;
(4) The chief of police or county sheriff, or his or her designee, shall appear at any hearing on legal action taken by the owner of the property pursuant to this section and produce witnesses and other evidence detailing the illegal activity of the tenant;
(5) It is an absolute defense for the owner for charges under this section if the owner initiates legal action to evict the tenant pursuant to this section, regardless of the ultimate disposition of the case in court; and
(6) An owner has the absolute right to evict any tenant upon receipt of the thirty-day written notice from the chief of police or county sheriff, or his or her designee.
(e) The prosecuting attorney, city attorney, a designee of either, or a citizen of the county in which the property is located may maintain an action in the name of the county to abate and perpetually enjoin a nuisance. Where the nuisance exists in connection with a business, the injunction may also apply to the business. Circuit courts have jurisdiction thereof. The injunction may be granted at the commencement of the action and no bond may be required if the action for injunction is brought either by the prosecuting attorney, or his or her designee. If the action for injunction is brought or maintained by a citizen then the court may require bond as in other actions for injunction. On the finding that the material allegations of the complaint are true, the court shall order the injunction for an adequate period of time, in the discretion of the court. Upon application, the owner has the right to dissolve the injunction if a proper case for dissolution is shown.
(f) Any penalty imposed for violation of this section is in addition to, and not in lieu of, any civil or administrative penalty or sanction otherwise authorized by law.



NOTE: The purpose of this bill is to insure eviction proceedings of persons who commit illegal activities on rented property. The bill also provides penalties.

This section is new; therefore, strike-throughs and underscoring have been omitted.