The year 2020 marks the 52nd anniversary of the Fair Housing Act 1968, yet discriminatory advertisements that violate the act’s rules persist. There are now more than ever different ways to advertise about the property or search the housing. The advertising platform has come a long way from lawn signs to rental websites and social media. Did you know that discriminatory advertisement in housing is illegal under the Fair Housing Act? Hence, it is imperative to understand the definition of advertisement under the Fair Housing Act and the guidelines related to online advertising to avoid fair housing issues.
Definition Of Advertisement Under Fair Housing Act
Traditionally television, billboards, radio, and newspapers were the means of advertisement. But with the advancement of technology, the online platform has wholly taken over the advertisement market. Under the act, the advertisement includes all the traditional platforms as well as online platforms. Also, all the verbal communications that occur over the phone, in person, or through online mediums with a prospective tenant, borrower, or homebuyer comes under the broad definition of advertisement.
Advertisement in the Digital Age
After the advancement in technology, it has changed and impacted advertisement practices for fair housing. Now, all the housing advertisements are done with a click of a finger through websites, social media, phone applications, and many more. However, under section 804 (c) of the Fair Housing Act, it is illegal to publish, make, print any notice or statement related to sale or rental of housing that indicates any preference, discrimination, or limitation based on sex, disability, color, race, religion, nationality, or familial status. The section applies to online platforms equally.
Basic Advertisement Guidelines
- The advertisers need to make sure that their advertisements comply with the fair housing laws and focus on the property and the amenities in and around the dwelling, instead of who the ideal or most potential tenant would be.
- They need to eliminate statements that exclude persons in protected classes or express a preference for one particular characteristic over others.
- They need to include in their advertisements fair housing logos or “equal housing opportunity” slogan in their advertisement campaign.
- They cannot exclude their marketing campaign persons in protected classes or families with pets, children, or people of individual backgrounds, a particular disability, sex, etc.
- The advertisement must feature families with children or all communities that need access to housing. Also, the act recommends that the images featured can include human models from the majority and minority groups of varying ages to ensure compliance with advertising guidelines.
- They need to give truthful information about the amenities, price, availability, features, and all other necessary details.
Final Words
All the property owners must comply with all the above advertisement guidelines to avoid all the fair housing issues, no matter where they are advertising. However, in the online mediums, it is possible to forget the instructions due to the nature of the medium. Advertising need not be a scenario that causes unnecessary anxiety.
