While HUD regulations do not require that all advertising of residential real estate for sale, rent, or financing include an equal housing opportunity logo, statement, or slogan, HUD may view their inclusion as evidence of compliance with the Act's prohibitions against discriminatory advertising. HUD regulations do require the prominent display, in the locations listed below, of
HUD's fair housing posters, which are available from HUD area offices and which contain a fair housing slogan and logo:
• At brokerage offices or any other places of business where covered dwellings are
offered for sale or rent; and
• At dwellings under new construction, beginning with the commencement of
construction and maintained throughout construction and until such dwellings are
sold or rented.
Title VIII prohibits the use of advertising that indicates a preference for or against prospective buyers or tenants of a particular race, religion, sex, color, national origin, handicap, or familial status. Following are advertising guidelines issued by HUD regarding acceptable/unacceptable advertising phrases:
Race, Color, and
National Origin
• Unacceptable: Wording that describes the housing, the current or potential residents,
and neighbors or neighborhood in racial or ethnic terms (e.g., white family homes,
no Irish)
• Acceptable: Racially neutral terms (e.g., master bed- room, rare find, desirable
neighborhood)
• Unacceptable: Ads with blatant phrases (e.g., no Jews, Christian home)
Ads that use the legal name of an entity containing a religious reference
(e.g., Roselawn Catholic Home, or a religious symbol such as a cross)
• Acceptable: Secular terms such as Merry Christmas, Happy Easter, or images
of Santa Claus, an Easter Bunny, or a St. Valentine's Day graphic
• Unacceptable: Ads that indicate a gender preference (e.g., males/females only apply)
• Acceptable: Commonly used physical descriptions of housing units which are not
terms (e.g., mother-in-law's suite, bachelor apartment)
• Unacceptable: Ads that disallow handicap accessories (e.g., no wheelchairs)
• Acceptable: Phrases which describe a property's fea- tures, services, facilities, or
neighborhood (e.g., great view, fourth-floor walk-up, walk-in closets, jogging trails,
walking distance to bus stop)
Familial Status
• Unacceptable: Ads that limit the umber or ages of children allowed or express a
preference for adults, couples, or singles (see "Older Persons' Exemption" later in
this section)
• Acceptable: Descriptions of properties, their services, facilities (or lack thereof),
their neighborhood (e.g., two-bedroom, cozy family room, no bicycles allowed,
quiet streets)
As a rule of thumb, ads should focus on property descriptions, rather than on the potential buyer. Stating that a property is near jogging trail (focusing on location) is much more acceptable than saying that it's great for joggers (focusing on potential buyer).
Using advertising media in selective publications can also lead to discriminatory results and may violate the Fair Housing Act. For example, problems may arise when an advertisement is placed in particular geographic or zoned editions of major metropolitan newspapers or in smaller newspapers that reach a particular segment of the community. Use consistent language about the properties and communities when advertising in several small news- papers that reach different audiences.