State law covering ESAs in housingW. Va. Code § 5-11A-5 — west virginia fair housing actYes
Effect of HUD's May 2026 changeState route exists but ESA treatment is unsettledModerate
Minimum client–provider relationshipNo statutory waiting period in West VirginiaNone
Pet fees and deposits for an approved ESANo longer automatic at the federal level after May 2026Case by case
Penalty for false documentationNo ESA-specific penalty statute; general fraud and misrepresentation law still appliesGeneral law
Public access rights for ESAsIn West Virginia or any state — that is a trained-service-animal right under the ADANone
Where a complaint goesWest Virginia Human Rights CommissionWVHRC