Broker tip: COMPLYING WITH FAIR HOUSING

The federal Fair Housing Act makes it illegal to discriminate in the sale, lease, or rental of housing on the basis of a person's:

• Race
• Color
• Religion
• Sex
• Handicap (disability)

Familial status (includes children under the age of 18 living with parents and legal guardians and pregnant women)

National origin

In addition, some states include other categories—sexual preference, age—under fair housing protection.

TIP: Persons with AIDS are considered handicapped under fair housing law and thus are protected from discrimination.

Discrimination can take the form of:

Refusing to sell, lease, or otherwise make unavailable a dwelling to a particular individual who has the ability to purchase or rent the dwelling.

Inducing a person to sell or rent by referring to the prospective entry of persons of a particular race, religion, national region, or handicap.

Setting different terms or conditions for different people in the same sale or rental.

Falsely denying that housing is available for inspection, sale, or rental.

Tips for Fair Advertising

All property advertising, and promotion by real estate professionals must comply with the letter and spirit of fair housing laws and regulations. In your ads:

Focus on the characteristics of the property itself, instead of characteristics of likely buyers. "Big backyard" is preferable to "great home for children." "Studio apartment" is preferable to "perfect for single or mature person."

Never refer to any neighborhood with such descriptions as "mostly white area," "black neighborhood," "Jewish neighborhood," "Irish community," "Italian neighborhood." or the like. Standard real estate jargon ("master bedroom" or "desirable neighborhood") is permitted as long as it isn’t used in a discriminatory fashion.

The federal Fair Housing Act provides an exception for "qualified housing for older persons" (i.e., "senior housing") that meets certain requirements. Otherwise, terms such as "adults only" or "no children" are illegal. Architectural descriptions (e.g., "mother-in-law suite," "bachelor apartment," "walk-in-closet") are permissible when used in a nondiscriminatory fashion.

Avoid mentioning religion or using religious symbols. "Near various houses of worship" is acceptable; "near Lutheran church" isn’t.

Descriptions of accessibility features for disabled people are acceptable, as are such neutral descriptions as "great view," "near jogging trails" and "walk to transit stop."

Advertising that includes photographs or drawings of people should show a mix of ages and ethnicities.

Although not required by law, it is advisable to add the Equal Opportunity in Housing Symbol to all advertising and to display it in a visible place in the brokerage office.