House 4403

WEST VIRGINIA LEGISLATURE

2026 REGULAR SESSION

Introduced

House Bill 4403

By Delegates Heckert, Amos, and Hillenbrand

[Introduced January 16, 2026; referred to the Committee on Health and Human Resources then the Judiciary]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new article, designated §16-5AA-1, §16-5AA-2, §16-5AA-3, §16-5AA-4, §16-5AA-5, §16-5AA-6,  §16-5AA-7, and §16-5AA-8, relating to homeless shelters; providing legislative findings and title; authorizing rule making authority; providing definitions; establishing uniform oversight, registration, and enforcement standards for all homeless shelters operating in the State of West Virginia; providing an effective date; and creating civil penalties.

Be it enacted by the Legislature of West Virginia:

ARTICLE 5AA. homeless shelter oversight and safety act.

§16-5AA-1. Legislative findings and title.

(a) The Legislature finds that:

(1) Homeless shelters provide essential emergency housing and services for vulnerable residents of the state;

(2) Unlike other congregate living facilities, homeless shelters currently operate with inconsistent regulation, safety requirements, and enforcement mechanisms;

(3) Ensuring uniform safety, health, and operational standards protects residents, staff, and surrounding communities; and

(4) Oversight must be tailored to preserve the mission of shelters while ensuring basic accountability, transparency, and protection from abuse or neglect.

(b) This act shall be known and cited as the "Homeless Shelter Oversight and Safety Act."

§16-5AA-2. Definitions.

As used in this article:

"Bureau" means the Bureau for Public Health within the Department of Health.

"Congregate residential facility" means any residential setting regulated under §16-1-1 et seq. of this code, including group homes, recovery residences, shelters for domestic violence, and community residential care facilities.

"Homeless shelter" means any facility that provides temporary emergency housing or supportive lodging for individuals experiencing homelessness, regardless of funding source.

"Operator" means any organization, nonprofit, church, or entity responsible for managing the shelter.

§16-5AA-3. Registration and certification of homeless shelters.

(a) Every homeless shelter operating in West Virginia shall register annually with the Bureau for Public Health.

(b) No shelter may operate unless it obtains a Homeless Shelter Certificate of Operation, issued upon compliance with:

(1) Minimum health and sanitation standards;

(2) Fire and life safety standards equivalent to those required for other regulated residential facilities;

(3) Policies for intake, discharge, and emergency response;

(4) Criminal background checks for staff and volunteers with resident contact; and

(5) Proof of liability insurance.

(c) Shelters operated by churches or faith-based organizations remain eligible for religious protections under federal law but must comply with health and safety components of this article.

§16-5AA-4. Minimum standards and enforcement.

(a) The bureau shall adopt legislative rules establishing:

(1) Cleaning and sanitation standards;

(2) Staffing ratios appropriate to facility size;

(3) Infection control and medical response protocols;

(4) Resident rights, including grievance procedures; and

(5) Incident reporting requirements, including overdoses, violence, or abuse allegations.

(b) The bureau may conduct announced or unannounced inspections, similar to those required of other congregate living facilities.

(c) Violations may result in:

(1) Written corrective action plans;

(2) Civil penalties not to exceed $5,000 per violation;

(3) Temporary suspension of operations for severe hazards; or

(4) Revocation of the Certificate of Operation.

§16-5AA-5. Coordination with local governments.

(a) Local governments may adopt additional safety or zoning requirements consistent with state law.

(b) Nothing in this article prohibits counties or municipalities from entering agreements with shelters to coordinate:

(1) Public safety response;

(2) Transportation; or

(3) Community impact management.

§16-5AA-6. Resident rights.

Every resident of a homeless shelter has the right to:

(1) A safe, clean, and humane environment;

(2) Freedom from discrimination, harassment, or abuse;

(3) Access to grievance procedures without retaliation; and

(4) Confidential handling of personal information.

§16-5AA-7. Rulemaking authority.

The Bureau for Public Health shall propose rules for legislative approval pursuant to §29A-3-1 et seq. of this code to implement this article.

§16-5AA-8. Effective date.

This article becomes effective July 1, 2026, to allow operators adequate time to comply with the registration and standards requirements.

NOTE: The purpose of this bill is to place homeless shelters under the same enforcement, inspection, and safety requirements as other regulated residential facilities.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.