HB 3272 — Relating to eviction proceedings
Last action — Chapter 1, Acts, Regular Session, 2025
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✓Introduced
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✓In Committee
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✓Passed House of Delegates
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced March 10, 2025. Enacted.
Signed by Governor Patrick Morrisey (Republican) on July 21, 2025.
Odds of enactment
High chanceBased on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.
Upgrade to see the exact probability and what's driving it.
A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.
Prognosis
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Enacted
Current position in the legislative process.
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4 sponsors
1 primary, 3 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (3 R).
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Cleared a recorded vote
Passed 3 recorded votes so far.
Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.
Bill Text
What changed in the latest version
44 added · 27 removedPlain-language change summary
The updated version of Bill HB 3272 now includes clearer regulations for eviction proceedings in West Virginia. Key changes require that a hearing is scheduled promptly after an eviction petition is filed, specifically within five to ten days, and allow tenants to submit a written defense within five days of receiving notice of the petition. These changes aim to ensure that tenants have a fair opportunity to respond before a hearing, which may help protect their rights and improve the overall eviction process.
WEST VIRGINIA LEGISLATURE REGULAR SESSION ENGROSSEDENROLLED House Bill 3272 ByBY DelegatesDELEGATESA Akers,KERS, Leavitt,EAVIT, Flanigan,LANIGA,AND andF FunkhouserUNKHOUSER [Introduced[Passed MarchApril 10,12, 2025;
referredin toeffect the90 Committeedays onfrom thepassage Judiciary](July Eng11, 2025)] Enr HB 3272 AAN BILLACT to amend and reenact §55-3A-1 of the Code of West Virginia, 1931, as amended, relating to eviction proceedings;
permitting tenants to file and serve written defense to eviction petition within five days of the tenant's receipt of notice of petition;
(a) A person desiring to remove a tenant from residential rental property may apply for such relief to the magistrate court or the circuit court of the county in which such the property is located, by verified petition, setting forth the following:
(3) That the tenant is wrongfully occupying suchthe property in that the tenant is in arrears in the payment of rent, has breached a warranty or a leasehold covenant, or has deliberately or negligently damaged the property or knowingly permitted another person to do so, and describing suchthe arrearage, breach, or act or omission;
(b) PreviousUpon to the filing of the petitionpetition, the personcourt shall requestschedule froma thehearing, courtwhich themay timenot andbe placeless atthan whichfive nor more than 10 judicial days following the petitionerfiling shallof bethe heard.petition.
The(c) UponImmediately filingupon thebeing petition,apprised of the courttime shalland fixplace afor timehearing forthe suchpetitioner scheduleshall cause a hearing,notice whichof timethe shallhearing mayto not be lessserved thanupon fivethe nortenant morein thanaccordance 10with judicialthe daysprovisions followingof suchRule request4 of the filingWest Virginia Rules of theCivil petition.Procedure or by certified mail, return receipt requested.
(c)Enr ImmediatelyHB upon3272 beingThe apprisednotice ofshall theinform time and place for hearing the petitionertenant shallthat causeany awritten noticedefense ofto the samepetition hearingmay to be filed and served upon the tenantpetitioner inwithin accordancefive withdays the provisions Eng HB 3272 of Rulethe 4receipt ofby the Westtenant Virginia rules of civilthe procedurenotice. or by certified mail, return receipt requested.
SuchUpon Thereceipt noticeof shall inform the tenantreturn thatof anyservice defenseor to the petitionreturn mustreceipt shallas be submitted in writing to the petitionercase withinmay fivebe, daysevidencing ofservice theupon receipt by the tenanttenant, of the notice,petitioner andshall infile nowith casethe latercourt thanhis theor fifthher daypetition nextand preceding the dateproof of hearing.service.
UponEnr receiptHB of3272 theThe returnClerk of service or the returnHouse receiptof asDelegates and the caseClerk mayof be, evidencing service upon the tenant,Senate thehereby petitionercertify shallthat file with the courtforegoing hisbill oris hercorrectly petitionenrolled. and such proof of service.
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Clerk of the House of Delegates ...............................................................
Clerk of the Senate Originated in the House of Delegates.
In effect 90 days from passage.
...............................................................
Speaker of the House of Delegates ...............................................................
President of the Senate __________ The within is ................................................
this the...........................................
Day of ..........................................................................................................., 2025.
.............................................................
Governor 3
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Action History
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Chapter 1, Acts, Regular Session, 2025
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Approved by Governor 4/28/2025
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To Governor 4/22/2025
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Approved by Governor 4/28/2025 - Senate Journal
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Approved by Governor 4/28/2025 - House Journal
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To Governor 4/22/2025 - Senate Journal
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To Governor 4/22/2025 - House Journal
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House Message received
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Completed legislative action
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Communicated to Senate
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House concurred in Senate amendment and passed bill (Roll No. 596)
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House received Senate message
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Senate requests House to concur
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Title amendment adopted
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Passed Senate (Roll No. 443)
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Read 3rd time
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On 3rd reading
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Committee amendment adopted (Voice vote)
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Read 2nd time
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On 2nd reading
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Read 1st time
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Immediate consideration
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Reported do pass, with amendment
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To Judiciary
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To Judiciary
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Introduced in Senate
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Communicated to Senate
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Passed House (Roll No. 187)
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Read 3rd time
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On 3rd reading, Special Calendar
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Amendment rejected (Voice vote)
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Amendment reported by the Clerk
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Read 2nd time
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On 2nd reading, Special Calendar
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Postponed on 2nd reading, Special Calendar, until 3/24/2025
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On 2nd reading, Special Calendar
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Read 1st time
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On 1st reading, Special Calendar
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Do pass
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Markup Discussion
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To House Judiciary
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Markup Discussion
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To House Courts
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To House Judiciary
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Introduced in House
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To Judiciary
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Filed for introduction
Sponsors
- James Robert "JB" Akers II · Primary
- Tristan Leavitt · Cosponsor
- Flanigan · Cosponsor
- Joe Funkhouser · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 3 co-sponsors · 148 not signed on · 8 voted No
Sponsors (1)
- James Robert "JB" Akers II Republican
Co-sponsors (3)
- Tristan Leavitt Republican
- Flanigan
- Joe Funkhouser Republican
Not signed on (148)
148 members have not signed on to this bill.
Show all 148 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 81 | 0 | 0 | 4 |
| Unaffiliated | 5 | 0 | 0 | 1 |
| Democrat | 1 | 8 | 0 | 0 |
| Total | 87 | 8 | 0 | 5 |
| % of votes cast | 87% | 8% | 0% | 5% |
How each member voted (100)
| Member | Party | Vote |
|---|---|---|
| Kump | — | Yea |
| Flanigan | — | Yea |
| Linville | — | Yea |
| Steele | — | Yea |
| Devault | — | Not Voting |
| Clark, T | — | Yea |
| Anitra Hamilton | Democrat | Nay |
| Evan Hansen | Democrat | Nay |
| Hollis Lewis | Democrat | Nay |
| John Williams | Democrat | Nay |
| Kayla Young | Democrat | Yea |
| Mike Pushkin | Democrat | Nay |
| Rick Garcia | Democrat | Nay |
| Sean Hornbuckle | Democrat | Nay |
| Shawn Fluharty | Democrat | Nay |
| Adam Burkhammer | Republican | Yea |
| Adam Vance | Republican | Yea |
| Andy Shamblin | Republican | Yea |
| Betsy Kelly | Republican | Yea |
| Bill Ridenour | Republican | Yea |
| Bob Fehrenbacher | Republican | Yea |
| Bryan Smith | Republican | Yea |
| Bryan Ward | Republican | Yea |
| Carl "Bill" Roop | Republican | Yea |
| Carl Martin | Republican | Yea |
| Charles Sheedy | Republican | Yea |
| Chris Phillips | Republican | Yea |
| Christopher W. Toney | Republican | Yea |
| Chuck Horst | Republican | Yea |
| Clay Riley | Republican | Yea |
| D. Rolland Jennings | Republican | Yea |
| Dana Ferrell | Republican | Yea |
| Dave Foggin | Republican | Yea |
| David Cannon | Republican | Yea |
| David Green | Republican | Yea |
| David McCormick | Republican | Yea |
| Dean Jeffries | Republican | Yea |
| Doug Smith | Republican | Not Voting |
| Elias Coop-Gonzalez | Republican | Yea |
| Eric Brooks | Republican | Yea |
| Erica Moore | Republican | Yea |
| Evan Worrell | Republican | Yea |
| Gary G. Howell | Republican | Yea |
| Geno Chiarelli | Republican | Yea |
| George Miller | Republican | Yea |
| George Street | Republican | Yea |
| Henry Dillon | Republican | Yea |
| Ian T. Masters | Republican | Yea |
| James Robert "JB" Akers II | Republican | Yea |
| Jarred Cannon | Republican | Yea |
| Jeff Campbell | Republican | Yea |
| Jeff Eldridge | Republican | Yea |
| Jeffrey Stephens | Republican | Yea |
| Jim Butler | Republican | Yea |
| Jimmy Willis | Republican | Not Voting |
| Joe Ellington | Republican | Yea |
| Joe Funkhouser | Republican | Yea |
| Joe Parsons | Republican | Yea |
| Joe Statler | Republican | Yea |
| John Paul Hott | Republican | Yea |
| Jonathan Kyle | Republican | Yea |
| Jonathan Pinson | Republican | Not Voting |
| Jordan Bridges | Republican | Yea |
| Jordan Maynor | Republican | Yea |
| Josh Holstein | Republican | Yea |
| Kathie Hess Crouse | Republican | Yea |
| Keith Marple | Republican | Yea |
| Laura Kimble | Republican | Yea |
| Lisa White | Republican | Yea |
| Lori Dittman | Republican | Yea |
| Margitta Mazzocchi | Republican | Yea |
| Mark Dean | Republican | Yea |
| Mark Zatezalo | Republican | Yea |
| Marshall W. Clay | Republican | Yea |
| Marty Gearheart | Republican | Yea |
| Matthew Rohrbach | Republican | Yea |
| Michael Amos | Republican | Yea |
| Michael Hite | Republican | Yea |
| Michael Hornby | Republican | Yea |
| Mickey Petitto | Republican | Yea |
| Pat McGeehan | Republican | Not Voting |
| Patrick Lucas | Republican | Yea |
| Phil Mallow | Republican | Yea |
| Ray Canterbury | Republican | Yea |
| Rick Hillenbrand | Republican | Yea |
| Roger Hanshaw | Republican | Yea |
| Roy Cooper | Republican | Yea |
| Ryan Browning | Republican | Yea |
| S. Chris Anders | Republican | Yea |
| Sarah Drennan | Republican | Yea |
| Scot C. Heckert | Republican | Yea |
| Stanley Adkins | Republican | Yea |
| Trenton Barnhart | Republican | Yea |
| Tresa Howell | Republican | Yea |
| Tristan Leavitt | Republican | Yea |
| Vacant1 | Republican | Yea |
| Vernon Criss | Republican | Yea |
| Walter Hall | Republican | Yea |
| Wayne Clark | Republican | Yea |
| William Anderson | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 29 | 0 | 0 | 0 |
| Unaffiliated | 3 | 0 | 0 | 0 |
| Democrat | 2 | 0 | 0 | 0 |
| Total | 34 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (34)
| Member | Party | Vote |
|---|---|---|
| STUART | — | Yea |
| BOLEY | — | Yea |
| MR PRESIDENT | — | Yea |
| Joey Garcia | Democrat | Yea |
| Mike Woelfel | Democrat | Yea |
| Amy Grady | Republican | Yea |
| Anne B. Charnock | Republican | Yea |
| Ben Queen | Republican | Yea |
| Bill Hamilton | Republican | Yea |
| Brian Helton | Republican | Yea |
| Charles H. Clements | Republican | Yea |
| Chris Rose | Republican | Yea |
| Craig A. Hart | Republican | Yea |
| Darren Thorne | Republican | Yea |
| Eric Tarr | Republican | Yea |
| Glenn Jeffries | Republican | Yea |
| Jack Woodrum | Republican | Yea |
| Jason Barrett | Republican | Yea |
| Jay Taylor | Republican | Yea |
| Laura Wakim Chapman | Republican | Yea |
| Mark R. Maynard | Republican | Yea |
| Mike Azinger | Republican | Yea |
| Mike Oliverio | Republican | Yea |
| Patricia Rucker | Republican | Yea |
| Patrick Martin | Republican | Yea |
| Robbie Morris | Republican | Yea |
| Rollan A. Roberts | Republican | Yea |
| Rupie Phillips | Republican | Yea |
| Ryan Weld | Republican | Yea |
| Scott Fuller | Republican | Yea |
| T. Kevan Bartlett | Republican | Yea |
| Tom Takubo | Republican | Yea |
| Tom Willis | Republican | Yea |
| Vince Deeds | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 83 | 0 | 0 | 2 |
| Unaffiliated | 6 | 0 | 0 | 0 |
| Democrat | 6 | 3 | 0 | 0 |
| Total | 95 | 3 | 0 | 2 |
| % of votes cast | 95% | 3% | 0% | 2% |
How each member voted (100)
| Member | Party | Vote |
|---|---|---|
| Devault | — | Yea |
| Kump | — | Yea |
| Flanigan | — | Yea |
| Linville | — | Yea |
| Steele | — | Yea |
| Clark, T | — | Yea |
| Anitra Hamilton | Democrat | Yea |
| Evan Hansen | Democrat | Nay |
| Hollis Lewis | Democrat | Nay |
| John Williams | Democrat | Yea |
| Kayla Young | Democrat | Yea |
| Mike Pushkin | Democrat | Nay |
| Rick Garcia | Democrat | Yea |
| Sean Hornbuckle | Democrat | Yea |
| Shawn Fluharty | Democrat | Yea |
| Adam Burkhammer | Republican | Yea |
| Adam Vance | Republican | Yea |
| Andy Shamblin | Republican | Yea |
| Betsy Kelly | Republican | Yea |
| Bill Ridenour | Republican | Yea |
| Bob Fehrenbacher | Republican | Yea |
| Bryan Smith | Republican | Yea |
| Bryan Ward | Republican | Yea |
| Carl "Bill" Roop | Republican | Yea |
| Carl Martin | Republican | Yea |
| Charles Sheedy | Republican | Yea |
| Chris Phillips | Republican | Not Voting |
| Christopher W. Toney | Republican | Yea |
| Chuck Horst | Republican | Yea |
| Clay Riley | Republican | Yea |
| D. Rolland Jennings | Republican | Yea |
| Dana Ferrell | Republican | Yea |
| Dave Foggin | Republican | Yea |
| David Cannon | Republican | Yea |
| David Green | Republican | Yea |
| David McCormick | Republican | Yea |
| Dean Jeffries | Republican | Yea |
| Doug Smith | Republican | Yea |
| Elias Coop-Gonzalez | Republican | Yea |
| Eric Brooks | Republican | Yea |
| Erica Moore | Republican | Yea |
| Evan Worrell | Republican | Yea |
| Gary G. Howell | Republican | Yea |
| Geno Chiarelli | Republican | Yea |
| George Miller | Republican | Yea |
| George Street | Republican | Yea |
| Henry Dillon | Republican | Yea |
| Ian T. Masters | Republican | Yea |
| James Robert "JB" Akers II | Republican | Yea |
| Jarred Cannon | Republican | Yea |
| Jeff Campbell | Republican | Yea |
| Jeff Eldridge | Republican | Yea |
| Jeffrey Stephens | Republican | Yea |
| Jim Butler | Republican | Yea |
| Jimmy Willis | Republican | Yea |
| Joe Ellington | Republican | Yea |
| Joe Funkhouser | Republican | Yea |
| Joe Parsons | Republican | Yea |
| Joe Statler | Republican | Yea |
| John Paul Hott | Republican | Yea |
| Jonathan Kyle | Republican | Yea |
| Jonathan Pinson | Republican | Yea |
| Jordan Bridges | Republican | Yea |
| Jordan Maynor | Republican | Yea |
| Josh Holstein | Republican | Yea |
| Kathie Hess Crouse | Republican | Yea |
| Keith Marple | Republican | Yea |
| Laura Kimble | Republican | Yea |
| Lisa White | Republican | Yea |
| Lori Dittman | Republican | Yea |
| Margitta Mazzocchi | Republican | Yea |
| Mark Dean | Republican | Yea |
| Mark Zatezalo | Republican | Yea |
| Marshall W. Clay | Republican | Yea |
| Marty Gearheart | Republican | Yea |
| Matthew Rohrbach | Republican | Yea |
| Michael Amos | Republican | Yea |
| Michael Hite | Republican | Yea |
| Michael Hornby | Republican | Yea |
| Mickey Petitto | Republican | Yea |
| Pat McGeehan | Republican | Not Voting |
| Patrick Lucas | Republican | Yea |
| Phil Mallow | Republican | Yea |
| Ray Canterbury | Republican | Yea |
| Rick Hillenbrand | Republican | Yea |
| Roger Hanshaw | Republican | Yea |
| Roy Cooper | Republican | Yea |
| Ryan Browning | Republican | Yea |
| S. Chris Anders | Republican | Yea |
| Sarah Drennan | Republican | Yea |
| Scot C. Heckert | Republican | Yea |
| Stanley Adkins | Republican | Yea |
| Trenton Barnhart | Republican | Yea |
| Tresa Howell | Republican | Yea |
| Tristan Leavitt | Republican | Yea |
| Vacant1 | Republican | Yea |
| Vernon Criss | Republican | Yea |
| Walter Hall | Republican | Yea |
| Wayne Clark | Republican | Yea |
| William Anderson | Republican | Yea |
Subjects
Frequently asked questions
- Who sponsors HB 3272?
- HB 3272 is sponsored by James Robert "JB" Akers II (Republican), Tristan Leavitt (Republican), Flanigan, and Joe Funkhouser (Republican).
- What is the current status of HB 3272?
- This bill has been enacted into law. Introduced March 10, 2025. Enacted.
- Where can I track HB 3272?
- Track HB 3272 free on One Click Politics — get push/email alerts when it moves.
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