Fair Housing
What is Fair Housing?
Fair Housing is the sale/rental of housing free of discriminatory practices or policies. The Fair Housing Act prohibits any preference, limitation, or discrimination based on a person's race, color, national origin, religion, sex, disability (mental or physical) or familial status.
The federal Fair Housing Act also prohibits publishing advertisements indicating any preference, limitation or discrimination based on protected categories with respect to the sale or rental of a dwelling.
Help protect the Realtor brand by ensuring the contents of your listings are inclusive, inviting and allow equal participation by all.
Matrix Lising Input – Fair Housing Check
The Fair Housing Public Remarks Check* feature is available in the Matrix Listing Input module. This feature allows for a voluntary self-check of the public remarks for potential Fair Housing violation wording. Our hope is that this feature is a useful tool to our members, while at the same time promoting and upholding the inclusion of diversity, equity, and integrity within the real estate industry.
It is essential to recognize that the Fair Housing list is not all encompassing and limited to searches of the most frequently used words (the list is updated periodically). As a matter of practice, members should continue to critically audit their public remarks for any questionable wording.
To use this feature, click on the Fair Housing Public Remarks Check in the Listing Input module and watch as the system highlights potential Fair Housing violation wording in the public remarks section. It is important to understand that this feature is optional, and it is at the members’ discretion to decide whether to modify remarks or retain the original public remark language.
The National Association of Realtors has an article and video outlining Fair Housing Violations in Advertising: View Here
*Disclaimer: The Fair Housing Public Remarks Check does not guarantee against a Fair Housing Violation.
The Department of Housing and Urban Development (HUD) is the Federal agency responsible for national policy and programs that address America's housing needs. They improve and develop the Nation's communities and enforce fair housing laws.
Based on HUD guidelines, here are some of the do's and don'ts to keep in mind when composing Agent and Public Remarks in the MLS:
- Describe the property.
- Do not refer to people.
- Avoid steering when adding comments in the Agent and Public Remarks sections.
Example 1:
- Unacceptable: Master Bedroom/Bathroom
- Acceptable: Primary Bedroom/Bathroom
Example 2:
- Unacceptable: Walking distance
- Acceptable: Close / nearby / few blocks away
Example 3:
- Unacceptable: Exclusive community
- Acceptable: Private / Gated community
Example 4:
- Unacceptable: Churches
- Acceptable: Places of Worship
Context Matters
What is considered acceptable in one region may not be considered acceptable in another. Some words may be potential violations based on context.
The word “tenant” does not pose a violation by itself but is flagged as cautionary for review. In context, this word may be problematic, as in the examples below, where each includes a description of the person (or tenant):
- Unacceptable: Prefer Fijian tenant
- Unacceptable: Sane tenant only
- Unacceptable: Mature tenant only
- Unacceptable: No section 8
The best practice is not to rely on a list because some of the publications are outdated. To avoid potential fair housing issues, it's more important to understand why certain words and phrases are to be avoided.
Remember, when in Doubt:
Avoid using ethnic references (e.g. Black, Caucasian/White, Asian, American Indian)
Avoid using nationalities (e.g. Chinese, Japanese, Filipino, African, German, Italian, etc.)
Avoid using religious references (e.g. near Temple, Mosque, Church, Christian, Muslim, Catholic, etc.)
Avoid using sex, gender or sexual orientation (e.g. male, female, transgender, homosexual, gay, etc.)
Agents: If you need guidance, please consult with your Broker.
Additional resources:
U.S. Department of Housing and Urban Development:
https://www.hud.gov/fairhousing
Advertising and Marketing: https://www.hud.gov/program_offices/fair_housing_equal_opp/advertising_and_marketing#_What_Is_Prohibited
NAR – Fair Housing:
https://www.nar.realtor/fair-housing
The Fair Housing Institute – Fair Housing Advertising:
https://fairhousinginstitute.com/fair-housing-advertising-guidelines/
Hawaii state law - ACT 310: