FAIR HOUSING ADVERTISING GUIDELINES

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REALTOR'

l~ ARIZONA ASSOCIATION OF REALTORS" The Voice for Real Estate· in Arizona

INTRODUCTION This brochur~ provides gUidelines for REALTORS' conc~ming their responsibilities under Arizona and federal fair housing laws as they apply to residential real estate advertising.

What does real estate advertising Include? All forms of advertising, including: flyers, brochures, billboards, mail­ings, radio and 1V ads, newspaper and magazine ads, Internet advertis­ing, real estate signs, business cards and even verbal representations.

Are real estate licensees the only ones required to comply with this law? No! Anyone placing or publishing an ad is covered.

How do I know what's right and what's wrong? Any picture, illustration, word, phrase or combination of them in a housing ad that can reasonably be interpreted as excluding or discour­aging a potential buyer or renter because of: race, color, familial sta­tus, religion, handicap, national origin or sex is WRONG!

GUIDELINES FOR USE OF COMMON WORDS AND PHRASES The list on the reverse side of this brochure is the product of a work group comprised of the office of the Attorney General, AAR and other trade organizations and advertising and publishing groups. It has been revised by AAR based on general guidance received from HUD in January 1995. The list includes words frequently used in housing adver­tising and has three categories:

ACCEPTABLE Use of these words will not show a discriminatory preference. (However, when these words are used in a discriminatory context, the fact they are on this list will not protect you.)

CAlmONARY These words mayor may not be acceptable depending on the context in which they are used. Always question how you are using these words. All cautionary words are inadvisable if used in a context that states an unlawful preference or limitation.

NOT ADVISABLE These words or their synonyms should not be used in housing adver­tising as they will likely show a discriminatory preference.

GENERAL GUIDEUNES AtIJ EXAMPLES Families wlUl children It's probably not a good idea to attempt to defme the size of a "family" in your ad or specify the number of persons the landlord may want. Either could be the basis of discrimination against families with children.

Housing lor older persons "I lousing for seniors" or similar language should Ix: used only wh~n you are confident that the housing is exempt senior housing. Exempt hous­ing is: !) !()(Jl/o of the occupants are over 62, OR, 2) 80"10 of the units are occupi~d by at least one person over 55 years of age AND policies demonstrating the intent to proVide housing for older persons are adhered [0 and prominently displayed.'

RaceJRellglonINallonal O/1gln Stay away from any references to any race, religion or national origin or any words that could possibly describe a person by any of those c'dtegories.

Handicap (mental or physical) Don't use any words tl1at could indicate to a disabled individual that they are not wanted. Describing amenities that could attract physically active persons is okay, but don't use words that describe buyers or tenants. However, i[ is permissible [0 advertise that a property or a unit is handi­cap-accessible.

Sevsexualol1emmtion Any word or phrase which indicates gender in housing could be inter­preted as discriminating on the basis of sex." Federal and Arizona laws do not list sexual orientation as a protected class. However, some locali­ties do have laws that cover sexual orientation and it's probably a good idea to avoid any reference to sexual orientation in advertising.

Personal habits specify the behavior, not the person. It's okay to say "no smoking" or "no drinking", but it's not okay to describe the indiVidual, (e.g., "no smokers").

Words like "responsible" and "quiet" are vague and subject to broad interpretation. They could easily be used in a discriminatory manner, so be careful in your choice of this type of word.

ProximitY codes Don't use words that refer to race, religion or national origin, (e.g., "near St. Joseph's Catholic church or school"). Instead, use major cross streets or neutral landmarks, (e.g., a shopping mall or park).

Make sure school references do not indicate a preference for a "type" of person desired in the neighborhood. Ifyou use school names, refer only to public schools.

Property descriptions "Private driveway" states facts about the property, but "private" or "exclu­sive" could indicate that certain types of people aren't welcome.

Catehwonls "Code" words, often appearing innocent on ftrst glance, have historically been used to limit prospects' choices. "Prestigious," "private," "secure," "board approval," could be and have been interpreted as discouraging people who wouldn't "ftt" in certain neighborhoods. If a word or phrase could be construed to intimidate or exclude, don't use it!

ADVERTISING Guidelines For Use of Common Words &Phrases DOS AND DON'TS • Do describe the property, not the "appropriate" buyer or renter,

not the landlord or owner, and not the neighbors. • Don', use words, phrJ.ses or symbols that could indicate any prefer­

ence, limitation or discrimination based on the 7 protected classes. • Do,,', make any references to landmarks or areas that could

imply an unlawful discriminatory preference. • Don't include any discounts or promotions that could indicate an

unlawful discriminatory preference. • Do include non-English language media in your ad campaign. • Do represent all segments of the area's population in any ad or

ad campaign that uses human models or model graphics. • Do appropriately use the Equal Housing logo or slogan. • Do encourage the publication to print the Publisher's Notice.

WHAT MESSAGE ARE YOU SENDING? Think about your message. It's easier to use words that aTlm't subjec­tive and that describe the housing. Words that describe the person could imply a hidden message.

The context in which any words are used is ofpn·mary importance. Take a few extra minutes to review your ad. Ask yourself if there is any way your ad could appear limiting to a prospect. Answering these few ques­tions may help you to avoid a complaint of illegal discrimination.

Many of us don't think about what might discourage others from finding out more about a property. Be sure your ad invites every­one to share in an Equal Housing Opportunity. Discrimination hurts. Make sure your message doesn't burt, too.

Forfurther information, check with your local association about any u/Xoming education courses, talk to your broker, or contact the Arizona Association ofREALTORS- at 602-248-7787 or 1-800-426-7274

REALTOR' IB G:r

EQUAL HOUSING OPPORTUNITY

" This document is printed on recycled stock ©1997 Arizona Association of REALTORS·

MR acknowledges the contribution of the Arizona Newspapers Association All rights reserved

,.---,--------=-==--=-=-=-.,ACCEPTABLE FOR USE

Use ofThese Words Will· . Not likely Show a .

Discriminatory Preference

assistive animal(s) only college students, no convalescent home credit check required den drinking, no drugs, no drug users, no Equal Housing Opportunity families welcome family, great for family room fixer-upper gated community golf course, near guest house handicap accessible kids welcome neighborhood name nice (# of) bedrooms (# of) sleeping areas nursery nursing home pets limited to assistive animals play area privacy private driveway private entrance private property private setting public transportation near quality construction references required seasonal rates secluded section 8acceptedlwelcome security provided "se habla e&panol" single family home smoking, no Spanish speaking (square feet) townhouse traditional style verifiable income winter rental rates

Common Sense is Always a Good Guideline!

This word and phrase list is intended as a guideline to assist in complying with state and federal fair housing law. It is not intended as acomplete list of every word or phrase that could violate the statutes,

active close to (to what?) convenient to (to what?) curfew domestic's quarters executive female(s) only" female roommate" fifty-five & older community' gays, no (gender) " housing for older

persons/seniors' (landmark reference) lesbians, no male(s) only" male roommate" man (men) only" mature near (to what?) (# of) persons older person(s)* prestigious private quiet quiet neighborhood responsible

restricted retired' retirees' retirement home' school district school name secure seniors' senior adult community' senior citizen(s), senior housing' (sex or gender)" single woman, man" sixty-two and older community' snowbirds' sophisticated straight only student(s) tranquil setting two people winter visitors' woman (women) only"

able-bodied adult community' adult living' adults only' adult park' African AIDS, no agile alcoholics, no American Indian Asian bachelor blacks, no blind, no board approval required Catholic Caucasian Chicano children, no Chinese Christian church(es), near colored congregation couple couples only crippled, no deaf, no disabled, no drinkers, no employed, must be empty nesters

English only (ethnic references) exclusive golden agers only group home(s), no handicap parking, no handicapped, not for healthy only Hispanic HIV,no impaired, no Indian integrated Jewish landlord (description of) Latino mature complex mature couple mature indMdual mature person(s) membership approval required mentally handicapped, no mentally ill, no Mexican Mexican American migrant workers, no Mormon Temple mosque must comply w/park rules (nationality) newlyweds non-drinkers

'Should be used only when complex or development qualifies as housing for older persons.

"Should be used only when describing shared living areas or dwelling units used exclusively as dormitory

facilities by educational institutions.

All cautionary words are not advisable if utilized in a context that states an unlawful preference or limitation.

'Use only if the ad clearly designates a55 & over community and complies with fair housing laws.

non-smokers (# of) children one child one person Oriental parish pets, no physically fit play area, no Puerto Rican quality neighborhood quiet tenants (religious reference) retarded, no seasonal worker(s), no section 8, no senior discount shrine singles only single person smoker(s), no Spanish speaking, no stable students, no Supplemental security Income (SSI), no synagogue, near temple, near tenant, (description of) traditional neighborhood unemployed, no white white(s) only