A Fair Housing violation can ruin your business as well as your reputation. It does not matter whether you intentionally or knowingly violated the act. The U.S. Department of Housing and Urban Development (HUD) can be one of your biggest headaches.
Many real estate agents are making changes to traditional descriptions in their listings in order to avoid complications and lawsuits. This is due to a seemingly endless number of litigous advocacy groups that are funded and ready to file a lawsuit. “Our culture and society are now more in tune with the sensitivities of more groups of people,” explained National Association of Realtors (NAR) associate counsel Lesley Walker. “We are more aware and educated, and so we are taking more precautions not to inadvertently or expressly discriminate,” she added.
Problematic terms can be difficult to notice. In August of 2013, the Miami Valley Fair Housing Center (MVFHC) sued an Ohio agent over the phrase “bachelor pad,” while other “potentially offensive words” listed recently in one multiple listing service (MLS) guide included “newlyweds,” “country club nearby,” “safe neighborhood,” and “walking distance.” Apparently, the term walking distance, for example, might be prejudicial against someone in a wheelchair. Homebuilders in Washington D.C. have also en masse discontinued the use of the term “master bedroom” for racial connotations as well as “family home” because of a presumed presumption a traditional family structure. We avoid anything gender-specific like ‘his-and-her closets or baths,’” explained one California agent. She added that she believes that many additions to what might be discriminatory are likely due to the addition of disabled individuals to the Fair Housing Act and “the many changes in what defines a family.”
Not surprisingly, some brokerage houses are taking extraordinary precautionary measures. This includes removal of the American flag before photographing a listing or showing a home. The idea is that the flag could be considered political, and this could theoretically might “distract” from the sale. Ya gotta be kidding me!!!
It may be easy to dismiss these situations as unique or frivolous, realize that in 2013, HUD charged the highest number of cases (55) since 2002 despite a large reduction in its fair housing staff.
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