West Virginia Code 24D-2-3 – Landlord-tenant relationship
(a) A landlord may not:
Terms Used In West Virginia Code 24D-2-3
- Cable operator: means any person or group of persons: (1) Who provides cable service over a cable system and directly or through one or more affiliates owns a significant interest in the cable system. See West Virginia Code 24D-2-2
- Cable system: means any facility within this state consisting of a set of closed transmission paths and associated signal generation, reception and control equipment that is designed to provide cable service which includes video programming and which is provided to multiple subscribers within a community, but does not include: (1) A facility that serves only to retransmit the television signals of one or more television broadcast stations. See West Virginia Code 24D-2-2
- Cable television facilities: includes all antennas, poles, supporting structures, wires, cables, conduits, amplifiers, instruments, appliances, fixtures and other personal property used by a cable operator in providing service to its subscribers. See West Virginia Code 24D-2-2
- cable television service: means : (1) The one-way transmission to subscribers of video programming or other programming service. See West Virginia Code 24D-2-2
- Landlord: means a person owning, controlling, leasing, operating or managing the multiple dwelling premises. See West Virginia Code 24D-2-2
- Multiple dwelling premises: means any area occupied by dwelling units, appurtenances thereto, grounds and facilities, which dwelling units are intended or designed to be occupied or leased for occupation, or actually occupied, as individual homes or residences for three or more households. See West Virginia Code 24D-2-2
- Tenant: means a person occupying single or multiple dwelling premises owned or controlled by a landlord but does not include an inmate or any person incarcerated or housed within any state institution. See West Virginia Code 24D-2-2
(1) Interfere with the installation, maintenance, operation or removal of cable television facilities upon his property or multiple dwelling premises, except that a landlord may require:
(A) That the installation of cable television facilities conform to such reasonable conditions as are necessary to protect the safety, functioning and appearance of the multiple dwelling premises and the convenience and well-being of other tenants;
(B) That the cable operator or the tenant or a combination thereof bear the entire cost of the installation or removal of such facilities; and
(C) That the cable operator agrees to indemnify the landlord for any damage caused by the installation, operation or removal of such facilities;
(2) Demand or accept any payment from any tenant, in any form, in exchange for permitting cable television service on or within his property or multiple dwelling premises, or from any cable operator in exchange therefor except as may be determined to be just compensation in accordance with this article;
(3) Discriminate in rental charges, or otherwise, between tenants who receive cable television service and those who do not.
(b) Provisions relating to cable television service or satellite master antenna systems contained in rental agreements and leases executed prior to the effective date of this article may be enforced notwithstanding this section.
(c) A cable operator may not enter into any agreement with the owners, lessees or persons controlling or managing the multiple dwelling premises served by a cable television, or do or permit any act, that would have the effect, directly or indirectly, of diminishing or interfering with existing rights of any tenant or other occupant of such building to use or avail himself of master or individual antenna equipment.
(d) The cable operator shall retain ownership of all wiring and equipment used in any installation or upgrade of a cable system within any multiple dwelling premises.