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  Fair Housing and Equal Opportunity

Fair Housing and Equal Opportunity

Policy on Discrimination in Housing/Real Estate Advertising

We strongly support the local, state and federal fair housing statutes and encourage you to read more about your rights as a prospective renter, home buyer or roommate.  All potential home buyers or renters are hereby informed that all housing advertised is available on an equal opportunity basis and does not discriminate on the basis of race, color, religion, national origin, gender, handicap or familial status.

When posting an ad in print or on our websites, you must comply with section 3604(c) of the Federal Fair Housing Act. This law prohibits discrimination in the sale or rental of housing and details other prohibited practices.  This statute prohibits stating, in any notice or ad for the sale or rental of a dwelling, a discriminatory preference based on any of the following protected categories:

  • Race
  • Color
  • National Origin
  • Religion
  • Sex
  • Familial Status (including children under the age of 18 living with parents or legal custodians; pregnant women and people securing custody of children under 18) (more)
  • Handicap / Disability (more)

 

The Fair Housing Act provides additional protections, and limited exceptions, that are explained in publications from the U.S. Department of Housing and Urban Development ("HUD") and the Department of Justice.  

HUD has issued guidance on advertising rental properties, properties for sale and roommates. 

State and local laws often prohibit discrimination based on additional criteria (e.g. sexual orientation, age, marital status, or source of income).  Please contact your state’s Housing Authority in order to find out more about the specific laws in your state.

You may report housing discrimination to HUD at 1-800-669-9777, or to a fair housing advocate near you.

If you encounter a housing posting on this website or any other Target Media Partners site or publication that you believe violates the Fair Housing laws, please contact us via phone or e-mail.


Frequently Asked Questions:

What are the laws for roommates and shared housing?
Are there any exceptions to the advertising laws?
What are the protected categories in my area?
What does familial status mean?
Who is exempted from laws prohibiting familial status discrimination?
How does the law define handicap?
What should I do if I find a discriminatory posting?

Recognizing a discriminatory posting
Examples of Discriminatory Advertisements
Other Resources


What are the laws for roommates and shared housing?

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Federal Fair Housing laws for roommates and shared housing have two components: advertising and decision-making.

  • Advertising: Federal Fair Housing laws prohibit discriminatory advertising in all housing, regardless of how large or small the property. However, as discussed below, advertising which expresses a preference based upon sex is allowed in shared living situations where tenants will share a bathroom, kitchen, and/or other common area(s).
  • Decision-making: Although the prohibition on discriminatory advertising applies to roommate and shared housing situations, federal Fair Housing laws do not cover the basis of decisions made by landowners who own less than four units, and live in one of the units. This means that in a situation in which a landlord owns less than four rental units, and lives in one of the units, it is legal for the owner to discriminate in the selection process based on the aforementioned categories, but it is illegal for that owner to advertise or otherwise make a statement expressing that discriminatory preference.

Are there any exceptions to the advertising laws?

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Under federal Fair Housing law, the prohibition on discriminatory advertisements applies to all situations except the following:

  • Shared Housing Exemption -- If you are advertising a shared housing unit, in which tenants will be sharing a bathroom, kitchen, or other common area (s), you may express a preference based upon gender only.
  • Private Club and Religious Exemptions -- A religious community or private club whose membership is not restricted based upon race, color, or national origin may restrict tenancy only to its members in a property that it owns, and may advertise to that effect.
  • Housing for Older Persons Exemption -- As discussed below, certain types of housing for elderly persons are exempt from prohibitions on familial status discrimination, including the prohibitions on discriminatory advertising as it relates to familial status.

What are the protected categories in my area?

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The "protected categories" under state and local Fair Housing laws may differ depending on where you reside.

Federal law prohibits discrimination based on the following protected categories:

State and local laws may offer additional anti-discrimination protections to other categories, such as age, marital status, or sexual orientation.


What is familial status?

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"Familial status" means the presence of one or more children under the age of 18.

Unless otherwise exempted, it is illegal to:

  • discriminate against households with children
  • discourage families with children from renting a unit or purchasing property
  • restrict or steer households with children to a particular area of an apartment complex
  • establish rules, regulations, or policies that discriminate or have a disparate impact on households with children
  • discriminate against pregnant women
  • discriminate against anyone in process of securing legal custody of a child under age 18 (including adoption and foster parents)

Who is exempted from laws prohibiting familial status discrimination?

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Under federal Fair Housing laws, "housing for older persons" is exempted from the prohibitions on "familial status" discrimination.  Please refer to the HUD site for more information.

"Housing for older persons" is defined as either of the following.

  1. Housing occupied solely by persons 62 years of age or older; or
  2. Housing in which 80% of the occupied units have at least one person 55 years of age or older, and which meet additional other requirements.

This exemption applies only to familial status discrimination; discrimination against all other protected categories, including disability, is prohibited in housing for older persons.


How does the law define handicap?

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Federal law defines "handicap" as any "physical or mental impairment which substantially limits one or more of [a] person's major life activities, a record of having such an impairment, or being regarded as having such an impairment."

Further discussion of the definition of "handicap" can be found in the section 100.201 of Title 24 of the Code of Federal Regulations (24 C.F.R. 100.201). Your state may have additional laws with broader definitions of "handicap."


What should I do if I find a discriminatory posting?

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If you find a housing or real estate posting on this site or any other Target Media Partners website or print publication that you believe violates the Fair Housing laws, please contact us via e-mail or phone.

If it is unclear whether the ad violates the Fair Housing act, please contact HUD or your local Fair Housing center. If you have experienced discrimination after contacting a seller, landlord or potential roommate based on one of the protected categories, you may file a claim with HUD or your local Fair Housing center as well.


Recognizing a discriminatory posting

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An ad is discriminatory if it expresses a restriction, limitation or preference based on one of the protected categories.  There may be additional protected categories based on local and state laws; however they will always include the seven federal categories.

An ad is discriminatory if it uses language that might be discouraging towards a certain protected category. For instance, saying that a particular small apartment is "perfect for a single or couple" could be discouraging to families with children, who do not fit within the stated groups. Discriminatory postings are illegal even if they are unintentional.

An ad is discriminatory if it uses language that might have a disparate, or disproportional, impact on a certain protected category. For instance, an advertisement for a 2 bedroom apartment that states a preference for "2 persons only" might have a disparate impact on families with children.  Although it does not explicitly state a preference based on familial status, it creates an overly restrictive occupancy limit which would affect families with children to a greater extent than other types of households. (For more information on reasonable occupancy limits, see HUD's guidance on occupancy standards.)


Examples of Discriminatory Advertisements

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The following are just a few examples of what constitutes discriminatory ads:

1. race / color

  • stating a preference for the race of a desired applicant (e.g., "no blacks," "whites only," etc)
  • describing the race of current occupants of the complex or neighborhood (e.g., "African-American neighborhood," "most residents are Asian," "lots of Hispanic families," etc)

2. religion

  • stating a preference for the religion of a desired applicant (e.g., "Christians only," "no Muslims," etc)
  • describing the religion of current occupants of the complex or neighborhood (e.g., "nice, Christian neighborhood," "Jewish family seeks roommate," etc)

3. national origin

  • stating a preference for a certain national origin (e.g., "no immigrants," "no foreigners," "Irish preferred," etc)
  • posted only in a language other than English
  • describing the national origin of current occupants of the complex or neighborhood (e.g., "predominately Latino neighborhood," "mostly Asian residents," etc)

4. handicap / disability

  • stating a physical or mental state preference for tenants (e.g., "no wheelchairs," "must be able to live independently," etc)
  • describing the unit or environment as unable to accommodate people with disabilities (e.g., "units are not accessible", "no pets, even service dogs", etc)

5. familial status

  • stating a preference for families without children (e.g., "no children," "no kids and no pets," "single occupancy only," etc)
  • discouraging families with children (e.g. "ideal for working professionals," "perfect for single or couple," "nice, quiet, mature, neighborhood," etc)

6. sex / gender *

  • stating a preference for one gender except in a roommate or shared housing situation (e.g., "no young men," "female preferred," etc)

Other Resources

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National Fair Housing Alliance -- a national organization dedicated to ending discrimination in housing

National Fair Housing Advocate -- an online resource for fair housing advocates and public on issues relating to housing discrimination

Housing.org -- the official site of Project Sentinel, one of the country's largest fair housing centers

U.S. Department of Housing and Urban Development (HUD) -- the federal agency charged with investigating claims of housing discrimination

Guidance on advertising - published by HUD


Please refer to the actual laws or your local Fair Housing center for more information of local laws.

Please let us know if you have any additional questions or if you find that our information is incorrect or out of date.


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