Sunday, August 16, 2009

Advertising Your Rental Property

By Steve Cody

Wording you need to avoid in the ads for your rental home or risk being fined $50,000 and more.

Now is the time to take action if you think your ads are violating Fair Housing law.

It doesn't matter if you're the owner of a single family home or an apartment complex, you have to follow Fair Housing laws whenever you advertise your home.

You can not post an ad for your home that is discriminatory. Section 804c of the Fair Housing Act, 42 U.S.C. 3604c says, "...it is unlawful to make, print, or publish, or cause to be made, printed, or published, any notice, statement, or advertisement, with respect to the sale or rental of a dwelling, that indicates any preference, limitation, or discrimination because of race, color, religion, sex, handicap, familial status, or national origin, or an intention to make any such preference, limitation, or discrimination."

Whether you run ads on a website, Craigslist, or in printed magazines or classifieds in a newspaper, you must stay away from using discriminatory wording.

You can be fined more than $10,000 for each discriminatory ad, plus damages in court.

Never mention skin color. Do not use words like "black", "white", and "no Hispanics". Stay as far away from race as possible when advertising your home.

Religion should never be used in your ads. It is not legal to use words like "Christians only" or "no Jews".

If your rental home is in a good area of town or a good neighborhood use the wording "desirable neighborhood". Desirable is open to the interpretation of the reader and is therefore not viewed as discriminatory.

Do not discriminate against individuals with a disability. It is NOT ok to use the phrase "no wheelchairs" or "handicap people need not apply". Advertisements describing the conduct required of residents ("non-smoking", "sober") do not violate the Fair Housing Act. Advertisements containing descriptions of accessibility features are lawful (wheelchair ramp).

Children, the number of children, or parents should not be mentioned in your ad. It is not legal to say "no children" and "adults only". In 2007, a California Housing Rights Center took a landlord to court for not allowing children in his apartment complex. The Housing Rights Center sent in undercover people posing as prospects. The court fined the landlord more than $120,000.

Do not state an explicit preference, limitation or discrimination based on familial status in your ads. Ads may not contain limitations on the number or ages of children, or state a preference for adults, couples or singles. Advertisements describing the properties (two bedroom, cozy, family room), services and facilities (no bicycles allowed) or neighborhoods (quiet streets) are not facially discriminatory and do not violate the Fair Housing Act.

Fair Housing law does not end with your ads but continues through the application process and remain in effect during the entire time a tenant stays in your home.

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