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"Walking distance to..." is a Fair Housing Act Violation. Words to avoid when advertising house for rent/for sale.

Reblogger Laurie Clark CRB Angel Realty LLC Your Monument Realtor 719-502-6572
Real Estate Broker/Owner with CRB-CCSS-ASD-HBS-RSD-Denver Short Sale Agents

Pacita has done everyone a great service in reminding us to remember the Fair Housing ACt as it relates to our everyday advertising - having little reminders and refreshers can keep us on track so we don't make mistakes later on that we will live to regret!

Original content by Pacita Dimacali BRE 01367196

When advertising your listing ---- what words should you stay away from?

In a recent post on Active Rain, I noticed that the agent advertised the listing as “Walking distance to...”

It reminded me of certain rules in our MLS about certain words we should avoid.

Even Craigslist is very specific about their terms of use, their rules -- follow them or get flagged and have your post deleted, to wit:

CONDUCT  You agree not to post, email, or otherwise make available Content:house for sale

d) that violates the Fair Housing Act by stating, in any notice or ad for
the sale or rental of any dwelling, a discriminatory preference based on
race, color, national origin, religion, sex,
familial status or handicap
(or violates any state or local law prohibiting discrimination on the
basis of these or other characteristics);


Our local MLS is very strict about observing these rules. It helps to have transaction coordinators and assistant to keep us straight. As such, we as agents have to be very creative when describing properties and their marketable features in our advertising materials --- on the MLS, in print, online, etc.

Here's FAIR HOUSING ADVERTISING MANUAL  www.fairhousingadvocates.com/advertising.pdf

Searching for examples, I found:

  • Equal Housing Opportunity Fair Housing Advertising Guidelines HERE
    • SEE Housing /Rental Ads - Watch List(W) Walk to...or walking distance to....(Close To, or (X) Blocks From)

 

  • And Miami Valley (Ohio) Fair Housing Center provided an advertising guideline -- Click HERE


So we err on the side of caution.

  • Instead of saying “walking distance” say “near” or “close to” or even state measurable distance like “a hundred yards” or “quarter of a mile”
  • We don’t say “family” but refer to them as “households”.  For example, we can lavish praise on a home, but never refer to it as a home for a “family”
  • Even “in-law” units are described as “au pair” quarters
  • We don’t mention children or parents …. but we work around that by mentioning  “playgrounds” or play areas
  • We don’t mention that a property is in a specific school district (we mention the city, but not the school). Although we can mention a home is NEAR a certain school, we don’t say it’s IN that specific school boundary. To play safe, simply enter “Call School District”

 

P.S. I did what I thought was right by commenting on the poster's blog about what our own MLS rules prevent us from saying in our listings. My comment was immediately deleted by the poster. Must have been something I said. Oh well...

There must be other examples of what to avoid and how to get around them. If so, please share :)

 

When advertising your listing ---- what words should you stay away from?

Wallace S. Gibson, CPM
Gibson Management Group, Ltd. - Charlottesville, VA
LandlordWhisperer

This information is suspect because it comes from an MLS system and not HUD.  In 1995, HUD issued a memo about advertising guidelines and this information is not in that memo.

Feb 06, 2012 11:30 AM
Maureen McCabe
HER Realtors - Columbus, OH
Columbus Ohio Real Estate

It's misinformation, Pacita changed her title because it's just not true.   You are still using Pacita's original title:

 "Walking distance to..." is a Fair Housing Act Violation. Words to avoid when advertising house for rent/for sale.

On NAR http://realtorbenefitsprogram.org/government_affairs/diversity/hudpolicy

"Advertisements containing descriptions of properties (great view, fourth floor walkup, walk-in closets), services or facilities (jogging trails), or neighborhoods (walk to bus stop) do not violate the Act."

NAR says  "This guidance was issued in 1995, but is the most current HUD advice on advertising and fair housing."  Agents, publishers and some mls systems perpetuate the myths that you can not say "walk to" or say something is within "walking distance of ...."

Feb 06, 2012 12:39 PM
Pacita Dimacali
Alain Pinel - Oakland, CA
Alameda/Contra Costa Counties CA

I changed my title to make that a question mark.

Giving you the update from our Risk Management Attorney. What people do with it is their choice. But as I said, I err on the side of caution.

UPDATE FROM OUR RISK MANAGEMENT ATTORNEY
As indicated, that phrase ("walking distance") does not violate HUD Fair Housing guidelines and HUD has indicated that they will not pursue any such use.

However, there could be a private individual who feels offended by this, and there are advocate attorneys who pursue all sorts of perceived fair housing violations.


So, while it is likely safe to use that term, as a risk management suggestion I would stay away from that phrase, and instead state something like "nearby" "4 blocks away" "convenient access to.."


Feb 07, 2012 01:51 PM
Laurie Clark CRB Angel Realty LLC Your Monument Realtor 719-502-6572
CRB-CCSS-ASD-HBS-RSD-Denver Short Sale Agents - Monument, CO
Angel Realty, LLC

Thanks, Pacita, for your clarification.  : )

Feb 07, 2012 03:19 PM
Inna Ivchenko
Barcode Properties - Encino, CA
Realtor® • GRI • HAFA • PSC Calabasas CA

Depends on the state. I would not fully rely on the blog posts and check the local fair housing law since for example, California law mandates more fair housing requirements than federal law. 

Sep 26, 2023 12:54 PM