Fair Housing Update: February 2008

Washington State
FAIR HOUSING UPDATE: February 2008

Fair Housing Questions & Answers

Isn't there a list of words and phrases to use or not to use in advertising our rentals?

Fair housing laws prohibit the making, printing and publishing of advertisements which state a preference, limitation or discrimination on the basis of race, color, religion, sex, handicap, familial status, or national origin. The prohibition applies to publishers as well as to people and entities who place real estate advertisements. Here is HUD policy guidance on advertising issues:

Race, color, national origin, ancestry. Do not use words that describe the housing, the current or potential residents, or the neighbors or neighborhood in racial or ethnic terms. Advertisements with neutral phrases are okay.
Religion. An ad may be discriminatory if it uses a legal name containing a religious reference ("Roselawn Catholic Home") or a religious symbol such as a cross. However, such an ad is okay if it includes a disclaimer (such as "This Home does not discriminate on the basis of race, color, religion, national origin, sex, handicap or familial status"). It is okay to use descriptions of properties, or services that do not state a preference for particular residents. It is okay to use secularized terms, symbols or phrases relating to religious holidays (such as Santa Claus, Easter Bunny, St. Valentines' Day images), or phrases such as "Merry Christmas," "Happy Easter", etc.
Sex / gender. Advertisements for single family dwellings or separate units in a multi-family dwelling should contain no explicit preference, limitation or discrimination based on gender.
Disability / handicap. It is okay to use ads with descriptions of properties, services, facilities, or neighborhoods, and ads that describe required resident conduct. It is okay to advertise descriptions of accessibility features.
Familial status. Ads should not limit the number or ages of children, or state a preference for adults, couples or singles. It is okay to advertise descriptions of the properties, services and facilities or neighborhoods. For more information, see HUD's guidance regarding advertisements online at www.hud.gov/offices/fheo/disabilities/sect804achtenberg.pdf, or contact your local fair housing agency.

Examples of words and phrases that may or may not be used for advertising

Can manager Baines ask applicants about their citizenship?

The federal Fair Housing Act does not prohibit housing providers from inquiring about the citizenship status of applicants. If Baines asks applicants to provide documentation of their citizenship or immigration status during the screening process, this would not violate the fair housing laws.

In fact, such measures have been in place for a number of years in screening applicants for federally-assisted housing. For these properties, HUD regulations define what kind of documents are considered acceptable evidence of citizenship or eligible immigration status and outline the process for collecting and verifying such documents. These procedures are uniformly applied to every applicant.

Housing providers who consider implementing similar measures must make sure to carry them out in a nondiscriminatory fashion. (see www.hud.gov/offices/fheo/library/sept11.cfm)

A problem arises if Baines asks only certain applicants for citizenship information - the ones who "look" foreign. He must request this information from every applicant, not just some. Remember that national origin and ancestry are protected classes, so don't inquire about which country an applicant comes from, or what an applicant's ancestry is.

Mr. Minton has religious convictions about unmarried couples who live together, and he refuses to rent to them. Is Minton discriminating?

Whether this is illegal discrimination depends on where the apartment community is located. Marital status is not a protected class under the federal Fair Housing Act, but local fair housing ordinances include it. In Washington state, a housing provider must treat all applicants and residents similarly, regardless of their marital status. "Marital status" includes those who are married, single, separated, divorced or widowed.

The City of Seattle and unincorporated King County define marital status to include being engaged and cohabiting. So, if this rental is located in the Seattle or unincorporated King County, Mr. Minton cannot refuse to rent to couples solely because they are unmarried.

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Updated: Feb. 20, 2008

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