Fair Housing: Say It Fairly in Your Ads

Think your salespeople know all about fair housing law and how it applies to advertising? There’s never a better time to find out. Use this quiz to learn your team’s fair housing I.Q.

	TRUE	FALSE
1. Ads larger than three inches by three inches that promote residential property for sale must include an Equal Opportunity logo.
2. The description of a house in the local MLS is also subject to fair housing guidelines.
3. Indicating in an ad that a property has handicapped accessibility is a violation of the Fair Housing Act.
4. Brokers are liable for discrimination in ads placed by sales associates, even if they had no knowledge of the ad before publication.
5. It is acceptable to use only white models in your advertising, provided that your market area is at least 85 percent white and that you don’t include any discriminatory language in the copy of your ads.

 
Answers
 
1. False The Fair Housing Act doesn’t require the use of the Equal Opportunity logo or slogan in any ad. However, using the logo is good evidence of the company’s commitment to fair housing compliance. Regulations do require the display of the HUD fair housing poster at the brokerage office and at dwellings under construction.

2. True All promotional materials, including information and comments in an MLS listing, are subject to the same fair housing requirements.

3. False Information on accessible features, such as ramps and grab bars, is permissible in advertising a dwelling for either sale or rental.

4. True Brokers may be named in any discrimination suits brought against a salesperson under their control. To protect themselves, brokers should have a written company fair housing policy, train all associates in fair housing practices, and take prompt action to identify and correct failures in performance.

5. False Advertising that uses only models of one race over an extended period of time is considered discriminatory. Models used in property advertising should include both sexes, all ages, persons with a variety of disabilities, and a diversity of racial and ethnic backgrounds representative of the entire area.

What’s in a word?

Choosing ad words carefully not only attracts buyers but also guards against discrimination. In writing your property ads, you should avoid:

• Using words or phrases that convey the preference of one group over another. When in doubt, use words that describe features on the property (“near six-mile paved exercise trail through woods”) rather than the buyers who might want to use the feature (“great for joggers”).
• Describing the dwelling, area, or building residents with words that relate to race, color, religion, age, familial status, or national origin (“Hispanic neighborhood” or “adult building”)
• Using catchwords such as “exclusive,” “private,” or “integrated” that convey preferences for one group over another or send signals about a community’s makeup.
• Making references to well-known racial, ethnic, or religious landmarks nearby.