REALTOR® Magazine Online: Complying With Fair Housing

YOUR INTERACTIVE MAGAZINE

REALTOR.ORG/realtormag
.

Developing a Property Marketing Plan

Listing and Marketing Checklist

Marketing Media To Consider
   Advanced tip

Property Advertising Techniques
   Advanced tip

Advanced: Getting the Most from Your Advertising Dollars

Online Property Marketing
   Advanced tip

Conducting Open Houses
   Advanced tip
  Advanced tip

Alternative Selling Options
  Advanced tip

Complying with Fair Housing
   Broker tip

Property Disclosure
   Broker tip

Common Property Hazards
   Broker tip
   Advanced tip

Property Marketing Quiz

Bright Ideas: Property Marketing

More Resources: Property Marketing

Code of Ethics: Property Marketing

COMPLYING WITH FAIR HOUSING

The federal Fair Housing Act makes it illegal to discriminate in the sale, lease, or rental of housing on the basis of a person’s:

Race
Color
Religion
Sex
Handicap (disability)
Familial status (includes children under the age of 18 living with parents and legal guardians and pregnant women)
National origin

In addition, some states include other categories—sexual preference, age—under fair housing protection.

TIP: Persons with AIDS are considered handicapped under fair housing law and thus are protected from discrimination.

Discrimination can take the form of:

Refusing to sell, lease, or otherwise make unavailable a dwelling to a particular individual who has the ability to purchase or rent the dwelling.
Inducing a person to sell or rent by referring to the prospective entry of persons of a particular race, religion, national region, or handicap.
Setting different terms or conditions for different people in the same sale or rental.
Falsely denying that housing is available for inspection, sale, or rental.

Tips for Fair Advertising

All property advertising, and promotion by real estate professionals must comply with the letter and spirit of fair housing laws and regulations. In your ads:

Focus on the characteristics of the property itself, instead of characteristics of likely buyers. “Big backyard” is preferable to “great home for children.” “Studio apartment” is preferable to “perfect for single or mature person.”
Never refer to any neighborhood with such descriptions as “mostly white area,” “black neighborhood,” “Jewish neighborhood,” “Irish community,” “Italian neighborhood.” or the like. Standard real estate jargon (“master bedroom” or “desirable neighborhood”) is permitted as long as it isn’t used in a discriminatory fashion.
The federal Fair Housing Act provides an exception for “qualified housing for older persons” (i.e., “senior housing”) that meets certain requirements. Otherwise, terms such as “adults only” or “no children” are illegal. Architectural descriptions (e.g., “mother-in-law suite,” “bachelor apartment,” “walk-in-closet”) are permissible when used in a nondiscriminatory fashion.
Avoid mentioning religion or using religious symbols. “Near various houses of worship” is acceptable; “near Lutheran church” isn’t.
Descriptions of accessibility features for disabled people are acceptable, as are such neutral descriptions as “great view,” “near jogging trails” and “walk to transit stop.”
Advertising that includes photographs or drawings of people should show a mix of ages and ethnicities.
Although not required by law, it is advisable to add the Equal Opportunity in Housing Symbol to all advertising and to display it in a visible place in the brokerage office.

Complying With Fair Housing, next page >

Editor's Note: This information provides general legal information and should not be relied upon as legal guidance. Before acting, both the relevant laws and legal counsel should be consulted. This information should not be construed as specific legal advice nor as an opinion on particular facts, cases, or situations.

Keep It Ethical
You cannot deny equal professional services to any person for reasons of race, religion, sex, handicap, familial status, or national origin. Article 10

Copyright THE NATIONAL ASSOCIATION OF REALTORS® | Headquarters: 430 N. Michigan Ave., Chicago, IL 60611 |
DC Office: 500 New Jersey Ave. NW, Washington, DC 20001 | 1 800 874 6500