Compliance
Fair housing in your marketing, a practical guide
What the rules say, where agents trip up, and a simple check to run on every listing, post and page.
In short: describe the property and the place, never the people you imagine living there. The Fair Housing Act prohibits advertising that indicates a preference, limitation or discrimination based on a protected class, and that applies to your website, listings, social posts, emails and ads.
This guide is general information, not legal advice. Your broker, your state and your MLS may have additional rules. When in doubt, ask your broker before you publish.
What the law says
The Fair Housing Act makes it unlawful to make, print or publish any notice, statement or advertisement about the sale or rental of a dwelling that indicates any preference, limitation or discrimination based on race, color, religion, sex, disability, familial status or national origin. HUD's regulation on discriminatory advertisements applies this to words, phrases, photographs and symbols, and to where and how ads are placed.
Many states and cities add protected classes of their own. Check the list that applies where you work.
Where agents usually trip up
Most problems come from well-meant shorthand rather than intent:
- Describing people instead of features. "Perfect for a young family", "ideal for empty nesters", "great for a bachelor". Instead, describe the home: "three bedrooms near two parks", "single-level living".
- Words about who belongs. "Exclusive community" or "private enclave" can suggest who is welcome. Describe what is there instead: "gated entry", "private beach access".
- Religion and national origin. Avoid naming nearby places of worship or ethnic communities as a selling point. Name neutral landmarks instead.
- Disability. Describe accessibility features factually, such as "step-free entry" or "elevator", rather than saying who the home is for or not for.
Images matter too
Photographs and illustrations can signal preference as clearly as words. If your marketing shows people, show a realistic range of people over time rather than one type of household again and again. Many agents avoid the question by featuring the home and the place, which is also what buyers want to see.
Ads and targeting
Where an ad appears and who it is shown to can be discriminatory even when the words are fine. Major ad platforms restrict targeting for housing ads; Meta, for example, treats housing as a special ad category. Use the housing setting honestly and target by place, never by protected characteristics.
Show that you follow the rules
Display the Equal Housing Opportunity logo or statement on your website and in your advertising, as your broker and MLS require. In many states, including Florida, real estate advertising must also include the licensed name of the brokerage. Your website, your listing pages and your social profiles all count as advertising.
A check to run on every piece
Before anything goes out, read it once and ask:
- Does every sentence describe the property, the amenities or the location?
- Is there any word about who should, could or would live here?
- Do the images show the home and place, or a realistic range of people?
- Is the ad targeted by place rather than by personal characteristics?
- Is the brokerage name and the fair housing statement present where required?
If you are unsure about a phrase, rewrite it to describe the thing itself. It is the same rule behind Regencly's publishing checks. That version is almost always clearer and more persuasive anyway.
Sources
Want this check run before anything goes live?
Regencly reviews wording, notices and attribution before work reaches you for approval. It supports your broker's review; it does not replace it.
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