Is Smoking in Rentals Legal in West Virginia? (2026)
It depends. In West Virginia, smoking in rentals is restricted. HUD requires smoke-free policies for covered public housing; this rule does not impose the same policy on every private rental..
Key facts
- Status
- Restricted
- Permit required
- No
- Jurisdiction
- West Virginia
- Last reviewed
- 2026-04-09
Smoking in Rentals laws in West Virginia
This explanation concerns HUD public housing under 24 CFR part 965 subpart G. Section 965.651 limits the subpart to public housing assisted under the U.S. Housing Act of 1937, excluding dwelling units in mixed-finance projects and housing receiving section 8 assistance under that definition. It is not a blanket rule for all subsidized housing or all private rentals. Section 965.653 requires public housing agencies to prohibit the covered tobacco products in all public-housing living units and interior areas and in outdoor areas within 25 feet of public-housing and administrative-office buildings where public housing is located. The minimum covered products are those involving ignition and burning of tobacco leaves, such as cigarettes, cigars and pipes, and waterpipes or hookahs. This minimum list does not itself establish a universal e-cigarette rule. An agency may designate smoking areas outside the restricted areas, which may include partially enclosed structures. It may instead add smoke-free areas or make the entire grounds smoke-free. Confirm the specific agency’s policy and any other applicable rules. These sources do not establish a private landlord’s lease terms, state smoking or tenant-protection law, every property’s classification, or this page’s retained legal-status and verification fields.
Frequently asked questions
Is smoking in rentals legal in West Virginia for travelers?
For travelers visiting West Virginia, smoking in rentals is currently restricted. This explanation concerns HUD public housing under 24 CFR part 965 subpart G. Section 965.651 limits the subpart to public housing assisted under the U.S. Housing Act of 1937, excluding dwelling units in mixed-finance projects and housing receiving section 8 assistance under that definition. It is not a blanket rule for all subsidized housing or all private rentals. Section 965.653 requires public housing agencies to prohibit the covered tobacco products in all public-housing living units and interior areas and in outdoor areas within 25 feet of public-housing and administrative-office buildings where public housing is located. The minimum covered products are those involving ignition and burning of tobacco leaves, such as cigarettes, cigars and pipes, and waterpipes or hookahs. This minimum list does not itself establish a universal e-cigarette rule. An agency may designate smoking areas outside the restricted areas, which may include partially enclosed structures. It may instead add smoke-free areas or make the entire grounds smoke-free. Confirm the specific agency’s policy and any other applicable rules. These sources do not establish a private landlord’s lease terms, state smoking or tenant-protection law, every property’s classification, or this page’s retained legal-status and verification fields.
Do I need a permit for smoking in rentals in West Virginia?
West Virginia does not specifically require a permit for smoking in rentals, though general regulations apply.
Can I transport smoking in rentals through West Virginia?
Transport laws for smoking in rentals in West Virginia depend on the specific item and your route. Generally, transport is allowed if you comply with state regulations. Always check states you pass through.
What are the penalties for smoking in rentals violations in West Virginia?
Penalties for smoking in rentals violations in West Virginia vary based on the specific offense. Always verify current laws before traveling.