Introduced Version
Senate Bill 585 History
| 
Email
Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 585
(By Senators Palumbo, Cookman and Kessler (Mr. President))
____________
[Introduced March 20, 2013; referred to the Committee on the
Judiciary .]
____________
A BILL to amend and reenact §37-6-30 of the Code of West Virginia,
1931, as amended, relating to maintaining residential property
in a habitable condition; requiring delivery of a brochure on
mold and moisture at the commencement of a tenancy;
specifically including accumulation of moisture and growth of
mold as an example of what can cause a residential property to
be unfit or uninhabitable; and clarifying that a landlord
cannot use nonpayment of rent as an excuse to not make
necessary repairs when the landlord was notified of the need
for repairs prior to the nonpayment of rent and did not take
sufficient action.
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.
(a) 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
provide to the tenant a copy of United States Environmental
Protection Agency brochure 402-K-02-003 regarding mold and
moisture,
and shall thereafter after that maintain the leased
property in such a fit and habitable 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, including, but not limited to, ensuring
the premises are free from the accumulation of moisture and growth
of mold, 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
the 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.
(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: Provided, That this subsection does not apply
where the arrears in payment of rent occurred after the landlord
received notice that repairs required by subsection (a) were
necessary and before the landlord fully returned the dwelling unit and premises to be in compliance with subsection (a) of this
section.
(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
clarify that this section
applies to mold and clarify that repairs must be made by the
landlord if a tenant is up to date on rent at the time the tenant
complains about a condition of the premises.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
Webmaster | © 2024 West Virginia Legislature **
