Housing

HJR 15 proposes a constitutional amendment to allow West Virginia to increase the homestead property tax exemption for qualifying homeowners. Currently, the exemption covers the first $20,000 of assessed value for owners aged 65+ or permanently disabled. This amendment would let the legislature set a higher exemption amount (without specifying a new dollar figure) for homeowners with annual income under $20,000. It requires voter approval in the 2028 general election to take effect. If approved, it would enable future legislative action to expand property tax relief for low-income seniors and disabled residents.

SB 146 creates a process to remove discriminatory restrictions from property records in West Virginia. It allows property owners to directly submit amendments to eliminate unlawful restrictions (like those based on race, religion, or disability) affecting their own property. Homeowner associations can also remove such restrictions without member votes, requiring them to act within 90 days of a member request. The bill mandates specific wording in amendments to clarify they only remove unlawful restrictions and specifies how these changes must be recorded in county land records. This applies to existing documents recorded in land records that violate anti-discrimination laws.

HB 4676 eliminates West Virginia's application of the "open fields doctrine," a legal rule allowing police to search areas like fields or wooded land surrounding a home without a warrant. The bill directly affects property owners whose land extends beyond their immediate dwelling (including fenced areas and woods), requiring police to obtain a warrant for searches there, except for established constitutional exceptions. It defines "open fields" as private property a reasonable person would view as private, not generally open to the public. The bill abolishes the previous common law rule and aligns state law with Fourth Amendment protections. This change applies to searches under both federal and West Virginia constitutional safeguards.

SB 442 creates a new "homeless education coordinator" position in West Virginia counties designated as "urban" by the State Board of Education. This position will directly assist homeless children and youth in accessing and staying in school by addressing barriers to attendance and enrollment. The bill amends education law to clarify the coordinator's role in supporting homeless students, ensuring they receive necessary services under federal and state education requirements. The coordinator will work within designated urban counties to implement strategies that prevent school disruption for homeless students.