Are Your Listing Descriptions Violating Fair Housing Policies?
When crafting property descriptions, it’s essential to avoid certain words and phrases that may violate Fair Housing guidelines or alienate potential buyers. While the specifics can vary across multiple listing services (MLSs) and associations, the goal is to ensure that descriptions are inclusive, empathetic, and free from discriminatory language.
Here are some terms to reconsider in property descriptions. This is not an exhaustive list, but it highlights some commonly problematic phrases:
Neighborhood-Related Phrases
- “Great schools” – Instead of making assumptions about school quality, list distances to local schools without subjective assessments.
- “Safe neighborhood”/”Quiet neighborhood” – These terms can be seen as coded language. Instead, provide factual information without making claims about safety or noise.
- “Nice neighbors” – Avoid assumptions about the neighborhood’s social dynamics.
- “Walking distance” – This phrase can be misleading. Use precise distances, like “0.2 miles to local shops,” to convey proximity.
- “Near churches” – References to specific religious landmarks may imply a preference for a certain demographic.
Property-Related Phrases
- “Master suite/bedroom/bathroom” – Use “primary suite” or “owner’s suite” instead, as “master” can carry outdated and problematic connotations.
- “Great family home” – Avoid suggesting the home is only suited for traditional families. Highlight features that appeal to a broad range of buyers.
- “Playroom for the kids”/”Private backyard for playtime” – Descriptions should not assume children will occupy the space.
- “She-shed” or “man-cave” – Avoid gendered descriptions; use terms like “hobby space” or “media room.”
People-Related Phrases
- “Handyman’s special” – This implies the buyer should be skilled at repairs, which can be exclusionary.
- “Fisherman’s/Hunter’s retreat” – These phrases suggest a specific type of buyer, potentially alienating others.
- “Grandma’s house” – This could imply information about the seller’s identity, which is best avoided.
- “Perfect for…” – Avoid making subjective statements about who the home suits best. The goal is to ensure everyone feels welcome.
Phrases Related to Race, Gender Identity, Sexuality, Nationality, or Cultural Identity
Any language that implies a preference based on race, gender identity, or other aspects of identity should be excluded.
Empathy and inclusivity should guide the creation of property descriptions, ensuring they appeal to a diverse audience without alienating potential buyers. By doing so, real estate professionals can contribute to fair housing practices and create a more enjoyable homebuying experience for everyone.
Violation Costs
It’s important to note that penalties for violating the Fair Housing Act (FHA) for advertising discrimination include civil penalties, attorney’s fees, and other costs. The maximum civil penalty for a first violation of the FHA is $25,597 as of March 25, 2024. The maximum penalty increases for subsequent violations:
- Second violation in the previous five years: $63,991
- Two or more violations in the previous seven years: $127,983
In addition to civil penalties, victims of housing discrimination may be awarded:
- Non-economic damages for humiliation, mental anguish, or other psychological injuries
- Actual and punitive damages
- Out-of-pocket costs for alternative housing
Rules of Thumb
Two rules of thumb to keep in mind when writing a property description are:
- Describe the property, not the buyer
- If in doubt, leave it out
Bottom Line
Choosing the right words for property descriptions is essential not only for effective marketing but also for adhering to Fair Housing guidelines. By avoiding problematic phrases and adopting more inclusive language, real estate professionals can reach a broader audience and ensure that all potential buyers feel welcomed. Remember, the goal is to create descriptions that highlight a property’s best features without making assumptions about who might live there. Taking the time to craft thoughtful, unbiased listings is not just about compliance—it’s about fostering a fair, enjoyable, and respectful homebuying experience for everyone.
Happy selling! 🙌