Fair Housing

In January’s Fair Housing Bulletin article, we discussed some of the key differences between service animals and emotional support animals. The article contained an error in the information related to emotional support animals.  We apologize for any confusion this may have caused. Here is the link to the revised article: NCREC Bulletins

Fair housing compliance isn’t just about avoiding blatant discrimination. Many violations happen unintentionally—through everyday habits, outdated practices, or even well-meaning attempts to “help”. The Fair Housing Act (FHA) protects people from discrimination based on race, color, national origin, religion, sex, familial status, and disability. It’s essential that real estate professionals consider how their words or actions affect these protected classes and take the necessary precautions to avoid fair housing violations.

Highlighted below are a few areas that can cause unintentional trouble: advertising, steering, and screening. Each one seems harmless on the surface, but the consequences can be serious.

Advertising

The words used in ads—online, on flyers, or even in social media posts—can unintentionally signal preference for or against certain groups. The law doesn’t require intent to discriminate; the effect of the language is what matters. Some problematic phrases commonly used include, but are not limited to:

• “Perfect for singles or young professionals”- suggests families with children aren’t welcome.
• “Quiet Christian neighborhood”- implies a religious preference.
• “No kids” or “Adults only”- directly violates protections for families with children.
• “Ideal for women” or “female preferred.” Unless it’s a shared living situation with a common bathroom, this may be discriminatory.
• “English speakers only”- can be considered national origin discrimination.

Even subtle wording can discourage protected groups from applying. Fair housing enforcement agencies often review ads for these cues, and complaints can arise simply from the language used. Good advertising practices focus on the property and highlight or describe its features, amenities, and policies in a neutral manner.

Steering

Steering is the practice of intentionally or unintentionally guiding people toward or away from certain units, buildings, or neighborhoods based on protected characteristics. Some problematic practices commonly used include, but are not limited to:

• telling people they might feel more comfortable in a different neighborhood,
• directing people toward or away from certain neighborhoods or buildings based on protected characteristics, and/or
• providing tours of certain properties only to specific groups, or withholding options from others based on protected characteristics.

Even if you believe you’re being helpful, making assumptions may limit a person’s choices and violate fair housing laws. You should present all available properties that meet the needs of the buyer/tenant, communicating information neutrally.

Screening

Screening is most commonly used in the property management space and is the process landlords and property managers use to evaluate rental applicants before offering a lease. Some best practices to implement in your tenant screening process include, but are not limited to:

• create a written policy, which is reviewed and updated regularly, that is uniformly applied,
• treat every applicant the same from start to finish; consistency is your best protection,
• stick to the facts, not personal impressions, or opinions,
• always be neutral,
• document everything ,
• conduct regular staff training, and
• when in doubt, seek legal counsel.