State ex rel. Morrisey v. Copper Beech Townhome Communities Twenty-Six, LLC (Signed Opinion)Annotate this Case
West Virginia’s consumer credit protection statute does not regulate the residential rental fees a landlord may charge a tenant pursuant to a lease for residential real property.
The Attorney General filed a civil action against Defendant Landlord, one of the largest residential lessors in the state, alleging that Landlord’s residential leases included fees and charges that violated the West Virginia Consumer Credit and Protection Act (CCPA), W.Va. Code 46A-1-101 et seq. Landlord filed a motion to dismiss on the grounds that the CCPA does not apply to residential leases. The circuit court denied the motion. Thereafter, the circuit court certified to the Supreme Court the question of whether the CCPA applies to the relationship between a landlord and tenant under a residential lease. The Supreme Court answered the question in the negative.