The Fair Housing Act, at 42 U.S.C. 3604(c), bars any housing ad that indicates a preference, limitation or discrimination based on race, color, religion, sex, disability, familial status or national origin. The working rule is to describe the property, not the people who might live in it or near it. States and cities protect more groups, and no word list catches everything. This is general information, not legal advice. Check your state’s law and your broker’s policy, or ask an attorney.
What the law says
Section 3604(c) makes it unlawful to make, print or publish a notice, statement or advertisement for the sale or rental of a dwelling that indicates a preference, limitation or discrimination on a protected basis. It reaches almost all housing ads, including ads by owners who are otherwise exempt, because the Act’s owner-occupant exemptions do not apply to this subsection. HUD’s regulation (24 CFR 100.75) covers written and spoken statements, photographs, illustrations and symbols.
- Federal law (everyone): seven protected classes: race, color, religion, sex, disability, familial status and national origin. Whether “sex” covers sexual orientation and gender identity under the federal Act is unsettled, so the careful course is to treat both as protected everywhere.
- State and local law (varies): many states and cities add classes. Examples include source of income, age, marital status, sexual orientation, gender identity, and military or veteran status. California’s law lists all of these.
- NAR Code of Ethics (REALTOR® members only): Article 10 and Standard of Practice 10-3 cover nine bases: the federal seven plus sexual orientation and gender identity.
Describe the property, not the people
Features, condition and price are about the property. Who should buy it, and who lives nearby, are about people. The first rows follow HUD’s 1995 advertising memo and its regulations. The rows on safety, schools, “exclusive” and vouchers are common industry practice, not HUD’s words.
| Avoid | Why | Say instead |
|---|---|---|
| “Perfect for a young family” | Familial status: names a preferred buyer. | “Four bedrooms, fenced yard” |
| “No children”, “adults only”, “ideal for a couple” | Familial status: the memo rejects limits on children and preferences for adults, couples or singles. | Leave it out. |
| “Ideal for retirees or empty nesters” | Describes the buyer. Age is protected under some state laws. | “Single-level living, low-maintenance yard” |
| “Adult community”, “adult living” | HUD’s rule says these phrases “are not consistent with the intent” to be housing for older persons. | “A 55 and older community”, only if it qualifies |
| “Christian home” | Religion: a memo example of what is not acceptable. | Describe the home. |
| “White family home”, “no Irish”, or any racial, ethnic or national label for a home, its residents or the area | Race, color, national origin: memo examples. | Describe the home. |
| “No wheelchairs” | Disability. | “Wheelchair ramp”, if there is one |
| “Ideal for a single woman” | Sex: states a preference. | Describe the features. |
| “Safe neighborhood” | Common practice: an opinion about the area, not a fact about the property, and it can work as steering. | Point buyers to third-party crime data. |
| “Good schools” | Common practice, for the same reason. | Point buyers to third-party school data. |
| “Exclusive neighborhood” | Common practice: used about a community, it can suggest some people are not welcome. “Exclusive listing” is an ordinary brokerage term and is fine. | Name the feature, such as “gated entry”. |
| “You’ll fit right in” | Comments on who would be comfortable or compatible with residents are a steering risk (24 CFR 100.70). | Leave it out. |
| “No vouchers” | Source of income is protected in some states and cities, and a blanket refusal can draw claims elsewhere too. | Leave it out unless an attorney confirms it is lawful where the property is. |
Terms HUD’s memo treats as fine
HUD’s January 9, 1995 memo told its staff not to pursue complaints over ordinary, neutral descriptions of a property. It was internal guidance, not a safe harbor: context, images and who sees an ad can still create a problem. Published summaries of the memo list these as acceptable on their own:
- Rooms and features: master bedroom, walk-in closets, family room, mother-in-law suite, bachelor apartment, two bedroom, wheelchair ramp.
- Descriptions: great view, cozy, rare find, desirable neighborhood, quiet streets, fourth-floor walk-up.
- Location and rules: jogging trails, walk to bus-stop, non-smoking, sober, no bicycles allowed.
- Religion-related facts: “apartment complex with chapel”, “kosher meals available”.
The memo was not among the guidance HUD withdrew in 2025, but HUD’s online copy was unavailable when this guide was checked in October 2026. It is guidance, not statute, and your MLS or broker may restrict some of these words.
Neighborhoods, schools and steering
Steering rules apply to conversations as well as ads. HUD’s regulation (24 CFR 100.70) bars discouraging a buyer because of the protected traits of an area’s residents, including by “exaggerating drawbacks or failing to inform any person of desirable features”, or by saying someone would not be comfortable or compatible there. For REALTORS®, Standard of Practice 10-1 says not to volunteer the racial, religious or ethnic composition of a neighborhood.
The common practice is to skip opinions such as “safe” or “good schools” and give objective third-party sources for school and crime data. For market posts, the market update post generator writes from a ZIP code’s latest numbers.
Photos, ad targeting and the equal housing logo
- Images: HUD’s former advertising guidelines, removed from the federal regulations in 1996 and now informal guidance, said human models, when used, should reasonably represent majority and minority groups in the area, both sexes and, where appropriate, families with children.
- Targeting: the regulation also bars “selecting media or locations for advertising” in a way that denies particular segments of the market information about housing because of a protected characteristic. As of October 2026, Meta requires its Housing special ad category for U.S. housing ads: age fixed at 18 to 65+, all genders, no ZIP code targeting and a radius of at least 15 miles. Google’s housing policy, in place since October 19, 2020, bars targeting or excluding by gender, age, parental status, marital status or ZIP code. See Facebook ads for real estate agents.
- The 2025 withdrawal: HUD withdrew its April 29, 2024 guidance on advertising through digital platforms, effective September 17, 2025. The statute did not change, and HUD’s notice says conduct that violates the Act’s text remains enforceable.
- Equal housing logo and statement: the same former guidelines said housing ads should carry the Equal Housing Opportunity logo, statement or slogan. Using one does not excuse a discriminatory ad. A separate HUD rule (24 CFR Part 110) requires the fair housing poster at a broker’s place of business. Your state, MLS or broker may require the logo.
Senior housing: the lawful exception
A community that qualifies as housing for older persons is exempt from the familial status rules. For a 55 and older community, HUD’s rules require that at least 80% of occupied units have at least one occupant aged 55 or older, that the community publish and follow policies showing that intent, and that ages be verified. Advertising is evidence of that intent. HUD’s suggested wording is “Senior Housing” or “A 55 and older community”. Advertise an age limit only for a community that actually qualifies.
Check your ad before it runs
You can run your copy through the free fair housing ad checker on BindingOffers, which scans listing remarks and ad copy for risky words and suggests alternatives. BindingOffers.com is a service for listing agents operated by BindingOffers LLC, a separate company under common ownership with OfferBacked LLC. No word list catches everything, and context matters. NAR itself cautions that there is no authoritative word list, so a clean scan is not a legal clearance.
Try it: Can I post this?Pick a type of post and a state and see what to include, what not to say and what to check.Next: real estate advertising rules every agent should know.
Common questions
Can I say a home is “perfect for families” in a listing?
It’s safer not to. Familial status is a protected class under the Fair Housing Act, and wording that describes a preferred buyer can indicate a preference, so describe the home instead, such as the number of bedrooms and the yard.
Is “master bedroom” a fair housing violation?
Published summaries of HUD’s 1995 advertising memo list “master bedroom” as acceptable on its own. The memo is guidance, not law, and your MLS or broker may have its own wording rule.
What are the protected classes under the Fair Housing Act?
Federal law protects seven: race, color, religion, sex, disability, familial status and national origin. Many states and cities add more, such as source of income, age, marital status, sexual orientation and gender identity, and whether the federal Act’s “sex” covers the last two is unsettled, so treat them as protected.
Updated October 2026. General information for real estate professionals, not legal advice. Rules vary by state, MLS and brokerage, so check with your broker or an attorney before relying on it.