Policy on Discrimination in Housing/Real Estate Advertising
We strongly support the local, state and
federal fair housing statutes and encourage you to read more about your rights as
a prospective renter, home buyer or roommate. All
potential home buyers or renters are hereby informed that all housing advertised
is available on an equal opportunity basis and does not discriminate on the
basis of race, color, religion, national origin, gender, handicap or familial
status.
When posting an ad in print or on our
websites, you must comply with section
3604(c) of the Federal Fair Housing Act. This law prohibits discrimination
in the sale or rental of housing and details other prohibited practices. This
statute prohibits stating, in any notice or ad for the sale or rental of a
dwelling, a discriminatory preference based on any of the following protected
categories:
- Race
- Color
- National Origin
- Religion
- Sex
- Familial Status (including children under the age of 18 living
with parents or legal custodians; pregnant women and people securing
custody of children under 18) (more)
- Handicap / Disability (more)
The Fair Housing Act
provides additional
protections, and limited exceptions, that are explained in publications
from the U.S.
Department of Housing and Urban Development ("HUD") and the Department of
Justice.
HUD has issued guidance
on advertising rental properties, properties for sale and roommates.
State and local laws often prohibit
discrimination based on additional criteria (e.g. sexual orientation, age,
marital status, or source of income). Please contact your state’s Housing Authority in
order to find out more about the specific laws in your state.
You may report housing discrimination to HUD at
1-800-669-9777, or to a fair housing
advocate near you.
If you encounter a housing posting on this
website or any other Target Media
Partners site or publication that you believe violates the Fair Housing
laws, please contact us via phone or e-mail.
Frequently Asked Questions:
What are the laws for roommates and shared housing?
Are there any exceptions to the advertising laws?
What are the protected categories in my area?
What does familial status mean?
Who is exempted from laws prohibiting familial status
discrimination?
How does the law define handicap?
What should I do if I find a discriminatory posting?
Recognizing a discriminatory posting
Examples of Discriminatory Advertisements
Other Resources
Federal Fair Housing laws for roommates and
shared housing have two components: advertising and decision-making.
- Advertising: Federal Fair Housing laws prohibit
discriminatory advertising in all housing, regardless of how large or small the property.
However, as discussed below, advertising which
expresses a preference based upon sex is allowed in shared living
situations where tenants will share a bathroom, kitchen, and/or other
common area(s).
- Decision-making: Although the prohibition on discriminatory
advertising applies to roommate and shared housing situations, federal
Fair Housing laws do not cover the basis of decisions made by landowners
who own less than four units, and live in one of the units. This means
that in a situation in which a landlord owns less than four rental units,
and lives in one of the units, it is legal for the owner to discriminate in the
selection process based on the aforementioned categories, but it is illegal for that
owner to advertise or otherwise make a statement expressing that
discriminatory preference.
Under federal Fair Housing law, the
prohibition on discriminatory advertisements applies to all situations except
the following:
- Shared Housing
Exemption -- If you are
advertising a shared housing unit, in which tenants will be sharing a
bathroom, kitchen, or other common area (s), you may express a preference
based upon gender only.
- Private Club and
Religious Exemptions -- A
religious community or private club whose membership is not restricted
based upon race, color, or national origin may restrict tenancy only to
its members in a property that it owns, and may advertise to that effect.
- Housing for Older
Persons Exemption -- As discussed below, certain types of housing for
elderly persons are exempt from prohibitions on familial status
discrimination, including the prohibitions on discriminatory advertising
as it relates to familial status.
The "protected categories" under
state and local Fair Housing laws may differ depending on where you reside.
Federal law prohibits discrimination based on the following
protected categories:
State and local laws may offer additional
anti-discrimination protections to other categories, such as age, marital
status, or sexual orientation.
"Familial status" means the
presence of one or more children under the age of 18.
Unless otherwise exempted,
it is illegal to:
- discriminate against
households with children
- discourage families with
children from renting a unit or purchasing property
- restrict or steer
households with children to a particular area of an apartment complex
- establish rules,
regulations, or policies that discriminate or have a disparate impact on
households with children
- discriminate against
pregnant women
- discriminate against
anyone in process of securing legal custody of a child under age 18
(including adoption and foster parents)
Under federal Fair Housing laws,
"housing for older persons" is exempted from the prohibitions on
"familial status" discrimination. Please refer to the HUD site
for more information.
"Housing for older persons" is
defined as either of the following.
- Housing occupied solely by
persons 62 years of age or older; or
- Housing in which 80% of
the occupied units have at least one person 55 years of age or older, and
which meet additional other requirements.
This exemption applies only to familial
status discrimination; discrimination against all other protected categories,
including disability, is prohibited in housing for older persons.
Federal law defines "handicap" as
any "physical or mental impairment which substantially limits one or more
of [a] person's major life activities, a record of having such an impairment,
or being regarded as having such an impairment."
Further discussion of the definition of
"handicap" can be found in the section 100.201 of Title 24
of the Code of Federal Regulations (24 C.F.R. 100.201). Your state may have
additional laws with broader definitions of "handicap."
If you find a housing or real estate posting
on this site or any other Target
Media Partners website or print publication that you believe violates the
Fair Housing laws, please contact us via e-mail or phone.
If it is unclear whether the ad violates the
Fair Housing act, please contact HUD or your local
Fair Housing center. If you have experienced discrimination after
contacting a seller, landlord or potential roommate based on one of the
protected categories, you may file a claim with HUD or your local
Fair Housing center as well.
Recognizing a
discriminatory posting
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An ad is discriminatory if it expresses a
restriction, limitation or preference based on one of the protected
categories. There may be additional protected categories based on local
and state laws; however they will always include the seven federal categories.
An ad is discriminatory if it uses language
that might be discouraging
towards a certain protected category. For instance, saying that a particular
small apartment is "perfect for a single or couple" could be
discouraging to families with children, who do not fit within the stated
groups. Discriminatory postings are illegal even if they are unintentional.
An ad is discriminatory if it uses language
that might have a disparate,
or disproportional, impact on a certain protected category. For
instance, an advertisement for a 2 bedroom apartment that states a preference
for "2 persons only" might have a disparate impact on families with
children. Although it does not explicitly state a preference based on familial
status, it creates an overly restrictive occupancy limit which would affect
families with children to a greater extent than other types of households. (For
more information on reasonable occupancy limits, see HUD's
guidance on occupancy standards.)
The following are just a few examples of
what constitutes discriminatory ads:
1. race / color
- stating a preference for
the race of a desired applicant (e.g., "no blacks," "whites
only," etc)
- describing the race of
current occupants of the complex or neighborhood (e.g.,
"African-American neighborhood," "most residents are
Asian," "lots of Hispanic families," etc)
2. religion
- stating a preference for
the religion of a desired applicant (e.g., "Christians only,"
"no Muslims," etc)
- describing the religion of
current occupants of the complex or neighborhood (e.g., "nice,
Christian neighborhood," "Jewish family seeks roommate,"
etc)
3. national origin
- stating a preference for a
certain national origin (e.g., "no immigrants," "no
foreigners," "Irish preferred," etc)
- posted only in a language
other than English
- describing the national
origin of current occupants of the complex or neighborhood (e.g.,
"predominately Latino neighborhood," "mostly Asian
residents," etc)
4. handicap / disability
- stating a physical or
mental state preference for tenants (e.g., "no wheelchairs,"
"must be able to live independently," etc)
- describing the unit or environment
as unable to accommodate people with disabilities (e.g., "units are
not accessible", "no pets, even service dogs", etc)
5. familial status
- stating a preference for
families without children (e.g., "no children," "no kids
and no pets," "single occupancy only," etc)
- discouraging families with
children (e.g. "ideal for working professionals," "perfect
for single or couple," "nice, quiet, mature, neighborhood,"
etc)
6. sex / gender *
- stating a preference for
one gender except in a roommate or shared housing situation (e.g.,
"no young men," "female preferred," etc)
National
Fair Housing Alliance -- a national organization dedicated to ending
discrimination in housing
National
Fair Housing Advocate -- an online resource for fair housing advocates and
public on issues relating to housing discrimination
Housing.org
-- the official site of Project Sentinel, one of the country's largest fair
housing centers
U.S. Department
of Housing and Urban Development (HUD) -- the federal agency charged with
investigating claims of housing discrimination
Guidance
on advertising - published by HUD
Please refer to the actual laws or your local Fair
Housing center for more information of local laws.
Please let us know if you have any
additional questions or if you find that our information is incorrect or out of
date.