SB 147 — Creating pilot program for recovery residences in Cabell County

SB147 HHFA JUDCapito AM3-7 #1WRV 3133 The3133 Delegate Capito moved to amend the Judiciary Committee strike and insert amendment on page 3, section 5a, line 56, by striking the Judiciaryword moved“2023” toand amendinserting in lieu thereof the billword “2024”AndOn page 3, section 5a, line 59, by striking everythingthe afterword “2022” and inserting in lieu thereof the enactingword clause“2023”And On page 3, section 5a, line 60, by striking the word “2023” and inserting in lieu thereof the following:word “2024”AndOn page 6, section 1, line 29, by striking the word “2025” and inserting in lieu thereof the word “2024”  AdoptedRejected

“chapter 37.

real property.

article 6.

landlord and tenant.

§37-6-5a.

 Recovery residences;

pilot program.

  (a) The purpose of this section is to create a pilot program in Cabell County to study the uniqueness of recovery residences as they relate to landlord-tenant law and determine an equitable resolution when circumstances arise which bring about an unanticipated cessation of an individual’s participation in a recovery residence’s program.(b) For the purposes of this section:(1) "Recovery residence" has the meaning ascribed in §16-59-1(4) of this code and applies solely to recovery residences:(A) Not certified by the West Virginia Alliance of Recovery Residences;

and(B) Located within Cabell County.

 (2) "Residence agreement" means an agreement between an individual residing in a recovery residence and the recovery residence.(3) "Resident" means a person residing in and receiving services from a recovery residence.(c) A recovery residence may immediately discharge a resident without filing a petition for summary relief for wrongful occupation of residential rental property for any of the following reasons:(1) The use, possession, or distribution of alcohol, any controlled substance, or prescription medication for which the resident does not have a valid prescription;(2) Sexual misconduct;

(3) Any crime of violence against a person or threat of crime of violence against a person;

(4) Any conduct which jeopardizes the safety of another resident;

or(5) Destruction of the premises.

(d)  If a recovery residence seeks to discharge a resident for a reason not enumerated in subdivisions (1) through (5), subsection (c) of this section, the resident is entitled to the due process and protections afforded a "tenant" as that term is defined in §37-6A-1 of this code;

the recovery residence shall be treated as a "landlord" as that term is defined in §37-6A-1 of this code;

and the recovery residence shall be required to proceed against the resident under §55-3A-1 of this code with the filing of a petition for summary relief seeking removal of the resident for wrongful occupation of residential rental property:

Provided, That any provision of a recovery residence agreement seeking to waive or limit the protections afforded a resident in this section is void.

(e) If a resident is discharged, evicted, or otherwise removed from a recovery residence prior to the expiration of the time period for which he or she has previously paid rent or any other fee for residency or services, the recovery residence shall issue a refund of the rent or fee to the discharged resident in an amount prorated, on a per diem basis, to account for the remainder of that time period.(f) If requested by the resident, a recovery residence shall first apply any refund required by subsection (e) of this section to costs related to placing the resident in a higher level care facility or transferring the resident to another recovery residence:

Provided, That if the resident does not request to be placed in a higher level care facility or does not request to be transferred to another recovery residence, within 72 hours of a resident’s discharge, eviction, or removal, the recovery residence shall issue any refund due to a resident:

Provided, however, That if the rent or fee moneys were paid by a third party on behalf of the resident, any refund required by subsection (e) of this section shall be issued directly to the third-party payor within 72 hours of a resident’s discharge, eviction, or removal.(g) If a resident was transported by the recovery residence from a location more than 20 miles from the recovery residence and is discharged, evicted, or otherwise removed from the recovery residence, the recovery residence shall provide transportation to the location from which the resident was initially transported to the discharged, evicted, or otherwise removed resident, at the expense of the recovery residence.

(h) If the resident is discharged, evicted, or otherwise removed prior to the expiration of the time period for which he or she has previously paid rent or any other fee for residency or service, the recovery residence shall report non-identifying resident information regarding the reason for the early discharge, eviction, or removal of the resident to the Department of Health and Human Resources’ Bureau for Behavioral Health.

 (i) On or before July 1, 2023, the Department of Health and Human Resources’ Bureau for Behavioral Health shall prepare and submit to the Joint Committee on Government and Finance a written report which includes, at a minimum:(1) The information specified in subsection (h) of this section for the period May 1, 2022, through May 1, 2023;(2) An evaluation of the effectiveness of the pilot program;(3) A recommendation as to whether the pilot program created in this section should be continued, reduced, expanded, terminated, or otherwise modified;

(4) Any recommended legislation;

and(5) Any other issues deemed relevant.(j) This section shall not be construed to affect rights under the West Virginia Fair Housing Act, W.

Va.

Code §5-11A-1 et seq.(k) This section shall be of no further force and effect on May 1, 2024.

Article 6A.

Residential Rental Security Deposits.

§37-6A-5.

Landlord's noncompliance.

(a) If a landlord fails to comply with any of the provisions of this article, and such the noncompliance is willful or not in good faith, the tenant is entitled to a judgment for:(1)   The amount of any unreturned security deposit;

and(2) Damages for annoyance or inconvenience resulting from the landlord's nonconformance equal to one and a half times the amount wrongfully withheld, unless the tenant owes rent to the landlord, in which case, the court shall order an amount equal to any amount awarded to the tenant pursuant to this subsection to be credited against any rent due to the landlord:

Provided, That if an individual is residing in a recovery residence as defined in §37-6-5a of this code, the recovery residence is required to comply with the provisions of this article, and if the recovery residence’s noncompliance is willful or not in good faith, the court shall also award reasonable attorney’s fees.(b) Jurisdiction for any civil action brought pursuant to this article shall be in magistrate court or circuit court in the county where the residential rental premises or units are located.(c) This section does not limit rights or remedies available to a landlord or tenant under any other law.

(d) The amendments to this section enacted by the Legislature during the 2023 Regular Session shall not be construed to affect rights under the West Virginia Fair Housing Act, W.

Va.

Code §5-11A-1 et seq.(e) This section shall not apply to a resident of a recovery residence as defined in §37-6-5a of this code after May 1, 2024.

chapter 55.

actions, suits, and arbitration;

judicial sale.