The Fair Housing Act prohibits statements or advertising with respect to the sale or rental of a dwelling which indicates a preference, limitation or discrimination based on any federally protected status. The owner, broker and agent can all be held liable for participating in the advertising. A publication that runs an illegal ad can also be liable if the discrimination is clear and not ambiguous.
Most real estate professionals know that advertising that discriminates on the basis of race, color, religion, sex, handicap, familial status or national origin is illegal under federal law. California law also forbids discrimination on the basis of sexual orientation and marital status.
But how do you apply this rule in everyday practice? Does reference to a "jogging trail" discriminate against the disabled; or does the term "great view" indicate a preference against the blind? Would advertising a "master bedroom" show racial or gender discrimination? Do pictures of an Easter bunny or Christmas tree violate the law?
The U.S. Department of Housing and Urban Development has approved all of these terms. Although "white house" is legal as a description of the color of the dwelling, a "white family home" would not be. Descriptions of the housing unit and facilities or services available are generally allowed. Terms like "bachelor apartment," "mother-in-law suite" and "family room" do not show an illegal discrimination. Statements of the conduct required of residents ("sober" or "non-smoking") are also legal.
The use of models in real estate ads is more dangerous. Courts have imposed heavy damages on those who consistently use models of one race but not others. Ads which only show adults may indicate discrimination against families with children. Normally, a few ads over a short period will not cause liability. Repeated ad campaigns over a substantial time without minority or child models can be discriminatory.
Ads that contain a religious reference ("Roselawn Catholic Home") or symbol (such as a cross) may indicate an illegal religious preference. To reduce liability, all potentially ambiguous ads should contain an equal housing disclaimer and logo.
Copyright © 1998 Martin S. Snitow Law Corporation. All rights reserved.
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