Fair Housing & Advertising

There are very few exemptions under fair housing laws as it relates to advertising. This is largely due to the impact of advertising and its potential reach and message sent.

Advertising in violation of fair housing laws can take many forms including:

• Print ads which state a refusal or preference against rental or sale due to someone’s protected class status, such as “no kids,” “Jewish neighborhood,” “Chinese preferred,” or “whites only.”
• Verbal statements or comments which indicate a denial or preference against rental or sales.
• A property who advertises for “adults only” but does not meet the requirements as housing for older persons.
• Advertising using human models which only contain white models despite area demographics. 
• A landlord who posts a “whites only” sign in front of a complex pool.
• Roommate or housemate advertisements which include language indicating a preference for or against any protected group but same gender (ok to say female seeking female, for example).

FHCCI Resources:

• • FHCCI Advertising for Roommates or Housemates Fact Sheet:
    • English
    • Spanish
    • Burmese

General Information:

• • Miami Valley Fair Housing Center Fair Housing Advertising Word and Phrase List

Government Guidance & Resources:

• • HUD Memo on Advertising, January 9, 1995 (commonly called the Achtenberg Memo)
  • HUD Memo on Name Preferences, February 23, 2006
  • HUD Memo on Internet Advertising:
    • March 25, 2009
    • September 20, 2006
  • HUD Advertising Appendix Part 109: Please note that this Appendix was withdrawn by HUD but remains a good source for guidance
  • Federal Fair Housing Act CFRs: Code of Federal Regulations which includes advertising examples and HUD Fair Housing Poster compliance requirements
  • HUD Fair Housing Poster
  • Equal Housing Opportunity Graphic

Cases of Interest:

• Chicago Lawyer’ Committee for Civil Rights Under Law, Inc. v. Craigslist, Seventh Circuit Appeals Court Ruling, March 14, 2008
• Fair Housing Council of San Fernando Valley, et al v. Roommate.com, Ninth Circuit Appeals Court Ruling, February 2, 2012
• Miami Valley Fair Housing Center v. The Connor Group, 2015
• National Fair Housing Alliance, et al v. Facebook, 2018

Reports of Interest:

• FOR RENT: NO KIDS! How Internet Housing Advertisements Perpetuate Discrimination, National Fair Housing Alliance, August 11, 2009.
• Why You Shouldn’t Market to ‘Active Adults’ by Nadine Green
• Discriminatory Housing Advertisements On-Line: Lessons from Craigslist, Rigel C. Oliveri 2010