HUD Guidelines

Federal Fair Housing Act

In 1995, HUD distributed a publication to offer guidance regarding advertising under the Fair Housing Act. Below are the key points addressed. To review the complete guide, click here.

Race, color, national origin - Using racial or ethnic terms to describe the housing, current or potential residents, neighbors or neighborhood violate the act. Terms that are “facially neutral” are acceptable, including “master bedroom” and “desirable neighborhood.”

Religion - Ads containing an explicit religious preference, limitation or discrimination, such as “Christian home,” violate the act. In addition, legal names of entities that include a religious reference (“ Roselawn Catholic Home”) or those that contain a religious symbol may indicate preference for a certain religion. However, if the ad carries a disclaimer such as “This home does not discriminate on the basis of race, color, religion, national origin, sex, handicap or familial status,” it will not violate the act.

In addition, ads describing properties (“apartment complex with chapel”) or specific services (“Kosher meals available”) do not violate the act because on the surface, they do not indicate a preference for people likely to use the facilities or services.

Sex - Ads for single-family dwellings or separate units in a multi-family dwelling should contain no explicit preference, limitation or discrimination based on sex. The terms “master bedroom,” “mother-in-law suite” and “bachelor apartment” do not violate the act because they are commonly used descriptions.

Handicap - Ads should not contain explicit exclusions, limitations or other indications of discrimination based on handicap. Descriptions of properties (“great view,” “walk-in closets”), services or facilities (“jogging trails”) or neighborhoods (“walk to bus”) are lawful, as descriptions of accessibility features of behavior required of residents (“non-smoking”) and descriptions of accessibility features (“wheelchair ramp”).

Familial status - Ads may not state an explicit preference, limitation or discrimination based upon familial status, including number or ages of children, or state a preference for adults, couples or singles. Again, description of properties (“two bedroom,” “cozy family room”) services and facilities (“no bicycles allowed”) or neighborhoods (“quiet streets”) do not violate the act because they are not facially discriminatory.