You own your house and live in it. Can you share one or two spare rooms with people who are not family, for a month or longer? This page answers that question for West Virginia, from its state laws and a sample of its cities and counties. We call it a typical home share.
West Virginiaat a glance
Should you worryabout zoning?
Answer four quick questions. We will show you what the rules we found say for a home like yours, and what to ask your city or county. It works for homeowners and for the family members helping them.
Cities and countiesin West Virginia
Details for each location
This page is here to help you learn and to give you context. It does not interpret any zoning code and is not legal advice. Rules vary and change, and only your city or county planning office can say what applies to your home.
What the law asksof a home share
Where a state's landlord and tenant law covers home sharing, it gives you and your home sharer a few ground rules. Knowing them up front makes for a better agreement and fewer surprises.
Sharing, boarding, renting, rooming:what the words mean
The laws and codes rarely say "home sharing." They use older words, and each city or county can define them differently. Here is what each word means in everyday terms, and how West Virginia and the locations in our sample use it.
For the national picture, the history of these rules, and more resources, see The Rules Behind the Spare Room.
This page is here to help you learn and to give you context. It does not interpret any zoning code and is not legal advice. Rules vary and change, and only your city or county planning office can say what applies to your home.
Citations, Definitions & SourcesOpen the fine printClose the fine printEvery rule on this page is quoted from a law, a code, or a court opinion, with the date we checked it. The sources for West Virginia are available by clicking Open the Fine Print.
Definitions
A typical home share. You own your house and live in it, and you share one or two spare rooms with people who are not family, for a month or longer.
The six answers. Yes: the rules we found allow a typical home share with no extra step. Yes, with limits: they allow it but set a limit, such as a number of people or rooms. Yes, after a permit or sign-up: they allow it once a step is done. Not clear: the rules do not answer it either way, or we could not read them. No county zoning found: the county and state sources we read show no county zoning code, though none says so in words. No: the rules do not allow it.
State policy and zoning toward home sharing. The map groups states by what their laws and plans do for home sharing today. A state is Leading when two things are true. First, its law stops cities and counties from limiting who lives together based on family ties, in all cases or in some. Second, the state has committed to home sharing: it names home sharing in its State Plan on Aging, an aging strategy, or an affordable housing plan, funds an ongoing home sharing program, or has a law that allows such funding. A one-time pilot is a welcome first step, but it does not count as a statewide commitment. A state is Supportive when one of the two is true, Open when neither is but its landlord and tenant law clearly covers home sharing, and Getting started when none of these is true yet. A state is marked as an opportunity, in a lighter shade on the map, when it has committed to home sharing but its laws do not yet protect home sharing statewide or do not yet say clearly which ground rules apply. Every check traces to a cited source on the state's page. The groups describe state law and policy, not how welcoming any community is, and not what any particular home may do.
Single housekeeping unit. Many zoning codes say a family or household must live as a "single housekeeping unit." The phrase describes people who live together as one household, sharing the home, rather than as separate tenants under one roof. Most codes use it without saying more, and each city or county decides what it means. The codes in our sample that spell it out point to the same kinds of things: sharing the kitchen and living areas, sharing chores and expenses, and, as signs of separate households, locks on bedroom doors or separate leases. Where a city or county on this page defines the phrase, its entry quotes the definition under Read the code. If your city or county's code uses the phrase, ask the planning office how it applies to a home share, such as one where the person sharing your home pays rent and has their own room.
Checked. The date we last read the source itself. Codes change. Your planning office has the current version.
Sources for West Virginia
| Source | Where it is used |
|---|---|
| W. Va. Code 37-6-31 | West Virginia. Checked 2026-10-08. Open the source. |
| W. Va. Code 37-6A-1, Definitions | West Virginia. Checked 2026-10-08. Open the source. |
| Village of Belle Terre v. Boraas, 416 U.S. 1 (1974) | West Virginia. Checked 2026-10-08. Open the source. |
| Moore v. City of East Cleveland, 431 U.S. 494 (1977) | West Virginia. Checked 2026-10-08. Open the source. |
| Committee Substitute for SB 659 (2026 RS), enrolled | West Virginia. Checked 2026-10-08. Open the source. |
| W. Va. Code 8-40-2 page (shows home-based business text; history lists 2026 SB 659 and 2025 HB 2451) | West Virginia. Checked 2026-10-08. Open the source. |
| W. Va. Code 37-6-5, Notice to terminate tenancy | West Virginia. Checked 2026-10-08. Open the source. |
| W. Va. Code 37-6A-2, Security deposits | West Virginia. Checked 2026-10-08. Open the source. |
| W. Va. Code 37-6-30 | West Virginia. Checked 2026-10-08. Open the source. |
| W. Va. Code Chapter 16B, Article 18 (West Virginia Fair Housing Act), 16B-18-4 | West Virginia. Checked 2026-10-08. Open the source. |
| 42 U.S.C. 3603(b)(2) | West Virginia. Checked 2026-10-08. Open the source. |
| 42 U.S.C. 1982 | West Virginia. Checked 2026-10-08. Open the source. |
| Jones v. Alfred H. Mayer Co., 392 U.S. 409 (1968): section 1982 "contains none of the exemptions" in the Fair Housing Act | West Virginia. Checked 2026-10-08. Open the source. |
| W. Va. Code 16B-18-4(a); 42 U.S.C. 3603(b)(2); 42 U.S.C. 1982 | West Virginia. Checked 2026-10-08. Open the source. |
| WV Bureau of Senior Services, Plans and Reports (not readable by our tools) | West Virginia. Checked 2026-10-08. Open the source. |
| WVHDF, Housing Needs Assessment for the State of West Virginia, 2025 | West Virginia. Checked 2026-10-08. Open the source. |
| WV Legislature, SB 832 (2026 RS) | West Virginia. Checked 2026-10-08. Open the source. |
| West Virginia State Plan on Aging, October 1, 2025 to September 30, 2029 (Aging Well in West Virginia) (full text searched) | West Virginia. Checked 2026-10-08. Open the source. |
| Zoning Ordinance of the City of Charleston, West Virginia (amended through April 6, 2024), Article 2, Sec. 2-020 (Family, Household, Boarding House, Dwelling Unit, Bed and Breakfast Inn) and Sec. 3-050 Land Use Table | Charleston, West Virginia. Checked 2026-10-09. Open the source. |
| Charleston Code Sec. 91-1, Zoning ordinance (adoption by reference, Ord. No. 7167) | Charleston, West Virginia. Checked 2026-10-08. Open the source. |
| Charleston Code Secs. 18-1171 (Exceptions) and 18-1172 (Definitions) | Charleston, West Virginia. Checked 2026-10-08. Open the source. |
| Charleston Code Sec. 18-1173, Residential rental license required | Charleston, West Virginia. Checked 2026-10-08. Open the source. |
| Charleston Code Sec. 110-251, Hotel occupancy tax imposition | Charleston, West Virginia. Checked 2026-10-08. Open the source. |
| Charleston Code Sec. 62-3, Definitions (Human Rights) | Charleston, West Virginia. Checked 2026-10-08. Open the source. |
| Huntington C.O. 1315.02, Meaning of Words (Family/Household Unit, Boarding House, Dwelling Unit) | Huntington, West Virginia. Checked 2026-10-08. Open the source. |
| Huntington C.O. 1320.04, Permitted Uses, Table 1320.A | Huntington, West Virginia. Checked 2026-10-08. Open the source. |
| Huntington C.O. 1737.02 and 1737.03, Residential rental unit licensing definitions and exceptions | Huntington, West Virginia. Checked 2026-10-08. Open the source. |
| Huntington C.O. 1737.05, Residential Rental Unit License Required | Huntington, West Virginia. Checked 2026-10-08. Open the source. |
| Huntington C.O. 769.01, Hotel Occupancy Tax definitions | Huntington, West Virginia. Checked 2026-10-08. Open the source. |
| Pocahontas County Commission, Ordinances (list of seven ordinances) | Pocahontas County, West Virginia. Checked 2026-10-08. Open the source. |
| Pocahontas County Commission, Boards | Pocahontas County, West Virginia. Checked 2026-10-08. Open the source. |
| W. Va. Code 7-18-3(e), Hotel Occupancy Tax definitions | Pocahontas County, West Virginia. Checked 2026-10-08. Open the source. |
Cite This Paper
HomeShare Oregon. (2026). The Rules Behind the Spare Room: West Virginia. https://homeshareoregon.org/research/rules-behind-the-spare-room/west-virginia/
About HomeShare Oregon
HomeShare Oregon publishes this paper as students of aging, housing, and community infrastructure. We operate one of many possible interventions in the missing middle. We believe the most useful contribution we can make to the larger field is to add a frame and a research agenda, rather than to argue for our particular role within it.
If you are working on related questions, we would like to hear from you. Email the executive director at executivedirector@homeshareoregon.org.