WEST VIRGINIA LEGISLATURE
2024 REGULAR SESSION
Introduced House Bill 4962
By Delegate Holstein [Introduced January 22, 2024; Referred to the Committee on Political Subdivisions then the Judiciary]
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1 A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article,
2 designated §7-28-1; to amend said code by adding thereto a new article, designated §8-
3 40-1; and to amend said code by adding thereto a new section, designated §16-15-26, all
4 relating to hotel and motel housing vouchers; prohibiting city or town from requiring hotel or
5 motel participation in housing voucher programs; prohibiting county from requiring hotel or
6 motel participation in housing voucher programs; and prohibiting a housing authority from
7 requiring hotel or motel participation in housing voucher programs.
Be it enacted by the Legislature of West Virginia:
CHAPTER 7. COUNTY COMMISSIONS AND OFFICERS.
ARTICLE 28. HOTEL AND MOTEL HOMELESS HOUSING VOUCHERS.
§7-28-1. Hotel and motel homeless housing vouchers; participation; prohibition;
definitions.
1 (a) A county may not require a hotel or motel to participate in any program that houses
2 homeless individuals or families in an unoccupied hotel or motel guest rooms through the use of a
3 housing voucher.
4 (b) For purposes of this section:
5 (1) "Homeless individuals or families" means individuals who lack fixed, regular, and
6 adequate nighttime residence or who have a primary nighttime residence in a shelter, on the
7 street, in a park, in a vehicle, or in an enclosure that is not authorized for human habitation.
8 (2) "Hotel" or "motel" means an establishment that provides for payment temporary lodging
9 in the form of overnight accommodations in guest rooms to transient patrons.
CHAPTER 8. MUNICIPAL CORPORATIONS.
ARTICLE 40. HOTEL AND MOTEL HOMELESS HOUSING VOUCHERS.
§8-40-1. Hotel and motel homeless housing vouchers; participation; prohibition;
definitions.
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1 (a) A city or town may not require a hotel or motel to participate in any program that houses
2 homeless individuals or families in an unoccupied hotel or motel guest rooms through the use of a
3 housing voucher.
4 (b) For purposes of this section:
5 (1) "Homeless individuals or families" means individuals who lack fixed, regular, and
6 adequate nighttime residence or who have a primary nighttime residence in a shelter, on the
7 street, in a park, in a vehicle, or in an enclosure that is not authorized for human habitation.
8 (2) "Hotel" or "motel" means an establishment that provides for payment temporary lodging
9 in the form of overnight accommodations in guest rooms to transient patrons.
CHAPTER 16. PUBLIC HEALTH.
ARTICLE 15. STATE HOUSING LAW.
§16-15-26. Hotel and motel homeless housing vouchers; participation; prohibition;
definitions.
1 (a) Notwithstanding any other law, the department may not require a hotel or motel to
2 participate in any program that houses homeless individuals or families in an unoccupied hotel or
3 motel guest rooms through the use of a housing voucher.
4 (b) For purposes of this section:
5 (1) "Homeless individuals or families" means individuals who lack fixed, regular, and
6 adequate nighttime residence or who have a primary nighttime residence in a shelter, on the
7 street, in a park, in a vehicle, or in an enclosure that is not authorized for human habitation.
8 (2) "Hotel" or "motel" means an establishment that provides for payment temporary lodging
9 in the form of overnight accommodations in guest rooms to transient patrons.
NOTE: The purpose of this bill relates to relating to hotel and motel housing vouchers programs; prohibiting city or town from requiring hotel or motel participation in housing voucher programs; prohibiting county from requiring hotel or motel participation in housing voucher programs; and prohibiting a housing authority from requiring hotel or motel participation in housing voucher programs.
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Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
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Statutes affected:
Introduced Version: 7-28-1, 8-40-1, 16-15-26