What are some fair housing guidelines to advertise a vacancy?
Housing discrimination occurs when a landlord places an advertisement regarding the rental of any housing accommodation that indicates any preference or limitation based upon protected classes or characteristics.
Non-discriminatory advertising should advertise in an inclusive way that will attract the broadest possible audience and avoid expressing any preference for or limitation against certain classes or characteristics.
Section 804(c) of the Fair Housing Act specifically makes it unlawful to make, print, or publish, (or cause to be made, printed, or published), any notice, statement, or advertisement, with respect to the sale or rental of a dwelling, that indicates any preference, limitation, or discrimination based on race, color, national origin, religion, sex, familial status, or handicap. This prohibition against discriminatory advertising applies to single-family and owner-occupied housing that is otherwise exempt from the Fair Housing Act.
A key point is that advertising should describe the property, not a potential tenant.
There are some advertising guidelines to keep in mind when you advertise a vacancy.
- Make sure the advertising is compliant with fair housing laws by focusing on the property details – features and amenities – in a rental listing description. Advertising should not focus on characteristics that the landlord considers to be an ideal tenant.
- Do not make statements that exclude persons in protected classes or that express a preference for one personal characteristic over others.
- Always provide truthful information about the availability, price, amenities, and features of a housing unit.
In determining whether advertising constitutes a discriminatory housing practice, courts have generally applied a reasonable person standard. This means that liability is incurred by a person or entity if they make an advertisement that indicates a preference and that preference is readily apparent to an ordinary reader.
A landlord advertises his rental business every day through his direct or implied speech and actions during property operations. In conducting business, a landlord should be aware that any word or statement that could be perceived by a tenant or potential tenant to limit housing choice or as an indication of a preference based upon a protected class could be construed by the tenant or potential tenant as discriminatory, whether the statement or word was used in media advertising or communicated orally to another individual in person or over the phone in a matter related to rental housing.
Response to your ads for the vacancy can generate calls regarding details of your rental policy, available date of rental unit, whether pets are accepted, etc. These calls must be answered in compliance with fair housing laws. A best practice to avoid claims of fair housing violations is to make sure that property management staff receive proper training on fair housing issues. A written prepared script with property address, features, and amenities, and answers to commonly asked rental policies can help to answer questions accurately, consistently in a manner that avoids inadvertent discrimination.