Fair Housing and Equal Opportunity
Policy on Discrimination in Housing/Real Estate Advertising
We strongly support the local, state and federal fair housing statutes and encourage
you to read more about
your rights as a prospective renter, home buyer or roommate. All potential
home buyers or renters are hereby informed that all housing advertised is available
on an equal opportunity basis and does not discriminate on the basis of race, color,
religion, national origin, gender, handicap or familial status.
When posting an ad in print or on our websites, you must comply with
section 3604(c) of the Federal Fair Housing Act. This law prohibits discrimination
in the sale or rental of housing and details other prohibited practices. This statute
prohibits stating, in any notice or ad for the sale or rental of a dwelling, a discriminatory
preference based on any of the following protected categories:
- Race
- Color
- National Origin
- Religion
- Sex
- Familial Status (including children under the age of 18 living with parents
or legal custodians; pregnant women and people securing custody of children under
18) (more)
- Handicap / Disability (more)
The
Fair Housing
Act provides
additional protections, and limited exceptions, that are explained in
publications from the
U.S. Department of Housing and Urban Development ("HUD") and the
Department
of Justice.
HUD has issued
guidance on advertising rental properties, properties for sale and roommates.
State and local laws often prohibit discrimination based on additional criteria
(e.g. sexual orientation, age, marital status, or source of income). Please
contact
your state’s Housing
Authority in order to find out more about the specific laws in your state.
You may report housing discrimination to
HUD at 1-800-669-9777, or to a
fair housing advocate near you.
If you encounter a housing posting on this website or any other
Target Media Partners site or
publication that you believe violates the Fair Housing laws, please contact us via
phone or e-mail.
Frequently Asked Questions:
Federal Fair Housing laws for roommates and shared housing have two components:
advertising and decision-making.
- Advertising: Federal Fair Housing laws prohibit discriminatory
advertising in all housing, regardless of how large or small the property. However,
as discussed below, advertising which expresses a preference
based upon sex is allowed in shared living situations where tenants will share a
bathroom, kitchen, and/or other common area(s).
- Decision-making: Although the prohibition on discriminatory advertising
applies to roommate and shared housing situations, federal Fair Housing laws do
not cover the basis of decisions made by landowners who own less than four units,
and live in one of the units. This means that in a situation in which a landlord
owns less than four rental units, and lives in one of the units, it is legal for
the owner to discriminate in the selection process based on the aforementioned categories,
but it is illegal for that owner to advertise or otherwise make a statement expressing
that discriminatory preference.
Under federal Fair Housing law, the prohibition on discriminatory
advertisements applies to all situations except the following:
- Shared Housing Exemption - If you are advertising a shared housing
unit, in which tenants will be sharing a bathroom, kitchen, or other common area
(s), you may express a preference based upon gender only.
- Private Club and Religious Exemptions - A religious community
or private club whose membership is not restricted based upon race, color, or national
origin may restrict tenancy only to its members in a property that it owns, and
may advertise to that effect.
- Housing for Older Persons Exemption - As
discussed below, certain types of housing for elderly persons are exempt from
prohibitions on familial status discrimination, including the prohibitions on discriminatory
advertising as it relates to familial status.
The "protected categories" under state and local
Fair Housing laws may differ depending on where you reside. Federal law prohibits
discrimination based on the following protected categories:
State and local laws may offer additional anti-discrimination protections to other
categories, such as age, marital status, or sexual orientation.
"Familial status" means the presence of one or
more children under the age of 18. Unless otherwise
exempted,
it is illegal to:
- discriminate against households with children
- discourage families with children from renting a unit or purchasing property
- restrict or steer households with children to a particular area of an apartment
complex
- establish rules, regulations, or policies that discriminate or have a disparate
impact on households with children
- discriminate against pregnant women
- discriminate against anyone in process of securing legal custody of a child under
age 18 (including adoption and foster parents)
Under federal Fair Housing laws, "housing for older
persons" is exempted from the prohibitions on "familial status" discrimination.
Please refer to the
HUD site for more information. "Housing for older persons" is
defined as either of the following.
- Housing occupied solely by persons 62 years of age or older; or
- Housing in which 80% of the occupied units have at least one person 55 years of
age or older, and which meet additional other requirements.
This exemption applies only to familial status discrimination; discrimination against
all other protected categories, including disability, is prohibited in housing for
older persons.
Federal law defines "handicap" as any "physical
or mental impairment which substantially limits one or more of [a] person's major
life activities, a record of having such an impairment, or being regarded as having
such an impairment." Further discussion of the definition of "handicap"
can be found in the section 100.201 of
Title 24 of the Code of Federal Regulations (24 C.F.R. 100.201). Your state
may have additional laws with broader definitions of "handicap."
If you find a housing or real estate posting on this site
or any other
Target Media
Partners website or print publication that you believe violates the Fair
Housing laws, please contact us via e-mail or phone. If it is unclear whether the
ad violates the Fair Housing act, please contact
HUD or
your local Fair Housing center. If you have experienced discrimination
after contacting a seller, landlord or potential roommate based on one of the protected
categories, you may file a claim with
HUD or
your local Fair Housing center as well.
An ad is discriminatory if it expresses a restriction,
limitation or preference based on one of the
protected categories.
There may be additional protected categories based on local and state laws; however
they will always include the seven federal categories. An ad is discriminatory if
it uses language that might be discouraging towards a certain protected category.
For instance, saying that a particular small apartment is "perfect for a single
or couple" could be discouraging to families with children, who do not fit
within the stated groups. Discriminatory postings are illegal even if they are unintentional.
An ad is discriminatory if it uses language that might have a disparate, or disproportional,
impact on a certain protected category. For instance, an advertisement for a 2 bedroom
apartment that states a preference for "2 persons only" might have a disparate
impact on families with children. Although it does not explicitly state a preference
based on familial status, it creates an overly restrictive occupancy limit which
would affect families with children to a greater extent than other types of households.
(For more information on reasonable occupancy limits, see
HUD's guidance on occupancy standards.)
The following are just a few examples of what constitutes
discriminatory ads:
1. race / color
- stating a preference for the race of a desired applicant (e.g., "no blacks,"
"whites only," etc)
- describing the race of current occupants of the complex or neighborhood (e.g., "African-American
neighborhood," "most residents are Asian," "lots of Hispanic
families," etc)
2. religion
- stating a preference for the religion of a desired applicant (e.g., "Christians
only," "no Muslims," etc)
- describing the religion of current occupants of the complex or neighborhood (e.g.,
"nice, Christian neighborhood," "Jewish family seeks roommate,"
etc)
3. national origin
- stating a preference for a certain national origin (e.g., "no immigrants,"
"no foreigners," "Irish preferred," etc)
- posted only in a language other than English
- describing the national origin of current occupants of the complex or neighborhood
(e.g., "predominately Latino neighborhood," "mostly Asian residents,"
etc)
4. handicap / disability
- stating a physical or mental state preference for tenants (e.g., "no wheelchairs,"
"must be able to live independently," etc)
- describing the unit or environment as unable to accommodate people with disabilities
(e.g., "units are not accessible", "no pets, even service dogs",
etc)
5. familial status
- stating a preference for families without children (e.g., "no children,"
"no kids and no pets," "single occupancy only," etc)
- discouraging families with children (e.g. "ideal for working professionals,"
"perfect for single or couple," "nice, quiet, mature, neighborhood,"
etc)
6. sex / gender *
- stating a preference for one gender except in a roommate or shared housing situation
(e.g., "no young men," "female preferred," etc)
Please refer to the actual laws or your
local Fair Housing center for more information of local laws.
Please let us know if you have any additional questions or if you find that our
information is incorrect or out of date.