Are there any exceptions to the advertising laws?
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, you may express a preference based upon sex 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 -- Certain complexes for elderly persons are exempt from prohibitions on familial status discrimination, including the prohibitions on discriminatory advertising. What is "familial status"?
"Familial status" means the presence of children under the age of 18. Unless otherwise exe mpted, it is illegal to: discriminate against families with children discourage families with children from renting a unit steer families with children to a particular area of an apartment complex establish rules, regulations, or policies that discriminate or have a disparate impact on families with children discriminate against pregnant women discriminate against anyone in process of securing legal custody of a child under age 18 Who is exempted from laws prohibiting "familial status" discrimination?
Under federal Fair Housing laws, "housing for older persons" is exempted from the prohibitions on "familial status" discrimination.
"Housing for older persons" is defined as either of the following:
Housing occupied solely by persons 62 years of age or older; or
Housing in which 80% of the occupied units have at least one person 55 years of age or older, and which meet certain other requirements.
This exemption applies only to familial status discrimination; discrimination against all other protected categories, including disability, is still prohibited in housing for older persons. How does the law define "handicap"?
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 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). What should I do if I find a discriminatory posting?
If you encounter a housing ad in our publications that you believe violates the Fair Housing laws, please call us at (520) 625-5511.
You may report housing discrimination to HUD at 1-800-669-9777, or to a Fair Housing advocate near you.
Examples of Discriminatory Advertisements
The examples below should give you some idea of what might constitute a discriminatory housing advertisement.
1. race / color ads stating a preference for the race of a desired applicant (eg. "no blacks," "whites only," etc ads describing the race of current occupants of the complex or neighborhood (eg. "African-American neighborhood," "most residents are Asian," "lots of Hispanic families," etc)
2. Religion ads stating a preference for the religion of a desired applicant (eg. "Christians only," "no Muslims," etc) ads describing the religion of current occupants of the complex or neighborhood (eg. "nice, Christian neighborhood," "Jewish family seeks roommate," etc)
3. national origin ads stating a preference for a certain national origin (eg. "no immigrants," "no foreigners," "Irish preferred," etc) ads posted only in a language other than English ads describing the national origin of current occupants of the complex or neighborhood (eg. "predominately Latino neighborhood," "mostly Asian residents," etc)
4. handicap / disability ads stating a preference for able-bodied tenants (eg. "no wheelchairs," "must be able to live independently," etc) ads describing the complex as unable to accomodate people with disabilities (eg. "units are not accessible", "no pets, even seeing eye dogs", etc)
5. familial status ads stating a clear preference for families without children (eg. "no children," "no kids and no pets," "single occupancy only," etc) ads that could discourage families with children (eg. "ideal for working professionals," "perfect for single or couple," "nice, quiet, mature, neighborhood," etc)
6. sex / gender * ads stating a preference for one sex over another (eg. "no young men," "female preferred," etc)
The prohibitions on advertising a preference based upon sex do not apply to shared housing situations. |
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