On October 12, 2017, The West Virginia Supreme Court issued a decision inย State of West Virginia ex rel. v. Copper Beech Townhome Communities Twenty-Six, LLC, No. 17-0228, holding that the West Virginia Consumer Credit Protection Act (โWVCCPAโ) does not apply to relationships between a landlord and tenant under a lease for residential real property. In reaching its decision, the Court noted that โin the forty-three years since the [WV]CCPA was enacted, this case is the first occasion in which any party has asserted before this Court that the Act applies to and regulates the landlord-tenant relationship.โย The Court reasoned:
A general lease of residential real property could not properly be characterized as either a โconsumer credit saleโ or as a โconsumer loan.โ (Emphasis added). The only potential category a residential lease of real property could fit into is a โconsumer lease.โ However, W.Va. Code ยง 46A-1102(14)(a) provides that a โconsumer lease means a lease of goods.โ (Emphasis added.) Clearly, a residential lease of real property made between a landlord and a tenant is not โa lease of goods.โ
The Court was further unwilling to expand the plain language of the WVCCPA โ[b]ecause the landlord-tenant relationship is so pervasively regulatedโ in other articles of West Virginia Code, exhibiting the lack of legislative intent for such a relationship to be governed by the provisions of the WVCCPA.ย ย If you have any questions concerning this article, please contact Jared Tully or Alex Zurbuch.