Advertising and the Fair Housing Act: Are You Being Fair?
by Joi Bostic
Cook & James is committed to building relationships in the community and wants to spotlight our Colleagues and Collaborators -- realtors, brokers, agents, and other industry experts – as guests on our blog. Previous guest posts have featured Tim Hur, Mario Fermin, Johnell Woody, Rena Johnson and Lorraine Beato. Today, in our ongoing guest blog series, Joi Bostic, a respected Atlanta-area real estate agent instructor who is the Georgia REALTORS® 2019 Partners in Education Instructor of the Year, offers the nuances and tips for staying compliant with the Fair Housing Act with regards to real estate advertising.
In 2018, we celebrated the 50th anniversary of the Fair Housing Act and its progression, a law intended to protect people from discrimination based on familial status, race, sex, handicap, color, religion, and national origin when they are engaged in housing-related activities like buying or renting a home. An important part of Fair Housing is how advertising is used and whether real estate professionals follow the rules of fair play.
The law defines advertising in real estate as any method used to provide information about a property, its availability and the means to secure it. This includes all printed media, electronic transmissions and spoken language. And it covers all housing and all facets of housing including apartments and homes, tenant applications and mortgage loans, owner’s and renter’s insurance as well as any transaction involving real estate for housing.
As real estate professionals, we understand how important it is for us to comply with this law. However, many of us tend to forget some of the detailed nuances of writing ads with an keen eye on the Fair Housing Act. As I travel the country, I see this law frequently violated and I cringe for real estate professionals. I feel certain that it is not intentional or premeditated, yet it’s still harmful. Thus, I will specifically detail here how the Fair Housing Act addresses advertising listed properties.
When an agent is hired to represent a seller and his/her property, the seller’s expectation is for the agent to attract as many ready, willing and able buyers to the property as quickly as possible. To accomplish this, agents highlight a home’s specific differentiating features and appealing characteristics, which is perfectly fine. However, I want to illustrate a few problematic statements I’ve seen in real listing descriptions, then I’ll point out what makes them troublesome and even illegal.
Located near the University, this home is for the buyer who wants it all: a new construction, transitional home with a large, fenced in backyard.
Grand City Park within walking distance and minutes from the Arena.
On the main living area you will walk into a living room with ceilings soaring up to 20ft. The dining room with a built-in buffet is just steps away from the chef’s kitchen w/waterfall island, and butler's pantry.
Don't miss out on your opportunity to own a home to accommodate large families.
Home features a spacious master bedroom with his/hers closets and two secondary bedrooms sharing a Jack and Jill bathroom.
This large home features an oversized master bedroom with large walk-in closet. Barn doors lead to spacious master suite with over-sized shower, and his/hers vanities.
The fenced backyard is the perfect setting for entertaining and playing on the playground.
Plenty of spaces for family and guests to relax on every floor.
Kitchen has stainless steel appliances, breakfast bar & walk-in pantry.
This home located in First County boasts low taxes, 4 fireplaces, spacious teen suites, an in-law suite and wonderful recreation area in basement.
At first glance, these statements seem fine. However, let me show you the nuances and I think you’ll agree we all need to be more careful and attentive to Fair Housing language.
Exactly what is a “transitional” home? Is it for growing families or those temporarily transferred to the area?
It is very nice that there is park nearby, but why is it only “walking distance?”
Is it possible for someone to roll into the living and dining rooms? And what if one does not have a butler?
What if a group of unrelated people wanted to share expenses and live together?
So, are the bedroom closets only for a male and female occupant? And what if there is no one named Jack or Jill?
Can one roll into the closet? So, these vanities are only for a male and female occupant, huh? Must be the same house from #5.
What if one has no children to play on the playground?
What if the buyer is alone and a hermit?
Can one roll into the pantry?
What if the buyer wants to use some of the rooms for something or someone other than teens? What if the buyer has no in-laws?
Now, I’ve got you thinking about how easy it is to unwittingly enter into discriminatory territory. You may say, “I see this kind stuff all the time” and, yes, you probably do, but it doesn’t make it right. Or legal.
So, let’s clarify. It’s fine to reference room names that are the official names of the spaces. This means that family room, master bedroom, butler’s pantry, walk-in closet, walk-in pantry, Jack and Jill bathroom, family room, in-law suite and even mother in-law suite are all permissible. If you are using the official name of the space, then feel free to use the term.
However, if your use is limiting or an unofficial name, then you need to modify your language. Avoid using ambiguous terms like “transitional.” Because it can be interpreted in so many ways, it can be limiting to someone who is not transitioning.
Referring to a place that is within “walking” distance is limiting to those who have the ability to walk. Instead, say “Grand City Park is less than .2 miles from the property” or “a short distance.” Same holds true for how one can move about the property.
As an alternative to his and hers closets or vanities, try using “two closets” or “dual vanities.” Instead of referencing family, try “people” or nothing at all. So, #8 could be reworded to “plenty of spaces for people to relax on every floor.” And of course “teen suite” can be replaced the number of additional bedrooms or suites.
Any reference to a playground located on the property will be interpreted as directed to those with children. Although it is true that adults can play on a playground, the assumed intent of the message is not to adults. In this case, include a photo of the playground as part of the backyard. Let the picture speak the words you should not print. Conversely, if the community has a clubhouse, playground, swimming pool, tennis courts and so on, then it is fine for you to mention the available amenities in the community.
In summary, to stay clear of a Fair Housing Act violation, remember the following tips:
Only use official names of rooms. Roommate plan, mud room, walk-in closet, family room are all official names. Bachelor’s pad, man cave and she shed are not official names.
Focus on the property and not the people who may eventually live there.
If you include pictures of people in your advertising, make sure your pictures represent diversity and all of types of people.
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About Joi Bostic:
Since Joi Bostic was a little girl, everyone around her thought she would grow up to teach others. Although she would hold classes with her dolls and stuffed animals, Joi resisted a career as a teacher. Her formal education had her on track to enter corporate marketing management. However, after college, Joi finally followed her “true calling” and entered the classroom in 1988. Since then she has taught college credit courses, traveled the country delivering workshops and seminars, and designed hundreds of courses and workshops in various topic areas.
Joi has earned a reputation in real estate training as a thorough, easy-to-understand instructor with humor and practical application. She has designed courses on many aspects of real estate, including the Fairy Tale of Housing, which presents fair housing from an historical perspective. Joi’s instruction goal is to ensure that learning takes place in an enjoyable safe environment and each student walks away with an understanding of the material. Recently, Joi earned the REEA Gold Standard Instructor Certification and was recognized as the 2019 Partners in Education Instructor of the Year through the Georgia Association of REALTORS®. To learn more, visit www.JoiBostic.com.