Whether you're promoting a listing on Instagram, Zillow, your MLS, or a handwritten flyer on a community board, what you say in your advertising matters—not just to your seller, but to the law.
The Fair Housing Act prohibits discriminatory advertising that suggests a preference, limitation, or discrimination based on race, color, national origin, religion, sex (including gender identity and sexual orientation), familial status, or disability. As a real estate agent, you’re expected to understand where the legal line is—and how to avoid accidentally crossing it.
In this post, we’ll walk through what counts as discriminatory advertising, highlight common mistakes agents make (yes, even in 2025), and show you how to market properties clearly, effectively, and fairly. If it’s been a while since your last real estate continuing education course on fair housing, this will be a helpful refresher.
Why Words Matter in Real Estate Ads
Advertising is considered discriminatory if it expresses a preference or limitation—even unintentionally—for or against any protected class. This applies across all media platforms: printed ads, social media, online listings, email marketing, signage, and verbal statements.
⚠️ Fair Housing applies to every part of the process—including marketing.
Even if you think you’re just highlighting features or describing the seller’s wishes, the language you use can get you (or your broker) in hot water.
Common Discriminatory Phrases (and What to Say Instead)
Let’s look at some common ad phrases that can be interpreted as violations—and offer alternatives that keep you compliant and professional.
❌ “Perfect for a single professional”
This implies a preference based on marital or familial status. It could suggest that families with children or elderly couples are not welcome.
✅ Try instead:
✔️ “Open floor plan with one bedroom and private balcony”
✔️ “Cozy layout with city views—ideal for working from home”
❌ “Christian neighborhood” or “Near synagogue”
Mentioning specific religions or implying a religious preference is a violation.
✅ Try instead:
✔️ “Near multiple places of worship”
✔️ “Conveniently located near community centers and public transit”
❌ “No kids” or “Adult building”
This is direct discrimination against familial status, which is a protected class under the Fair Housing Act.
✅ Try instead:
✔️ “Quiet building with mature landscaping”
✔️ “One-bedroom condo in a peaceful setting”
📌 Note: Senior housing communities (55+ or 62+) have specific exceptions—but the phrasing must be compliant with HUD guidelines.
❌ “Great for young professionals”
While it may seem harmless, this could imply age discrimination or exclude other demographics.
✅ Try instead:
✔️ “Modern finishes with access to nightlife and dining”
✔️ “Contemporary design in a vibrant downtown location”
❌ “Walk to church” or “Near Korean market”
Even geographic references can raise red flags if they suggest cultural or religious bias.
✅ Try instead:
✔️ “Close to shopping and dining”
✔️ “Conveniently located near local amenities”
What About Photos and Videos?
Yes—imagery can be discriminatory, too. If your marketing materials show only one demographic group (e.g., all young, white families), it could be seen as targeting or excluding based on race, age, or familial status.
✅ Use diverse, inclusive imagery whenever possible—especially in community shots or lifestyle branding. Make sure your visuals reflect the community, not a stereotype.
Social Media: A Modern Trap
Social media ads can be risky, especially when you’re boosting posts or using targeting features on platforms like Facebook or Instagram. In recent years, HUD has cracked down on ad platforms that allow targeting by age, ZIP code, gender, or behaviors that correlate with protected classes.
Pro Tip: Never limit your ad reach by audience characteristics tied to a protected class. If you're running social media ads, choose broad, general targeting—or let your brokerage handle it.
Intent Doesn’t Matter as Much as Impact Does
You might think, “But I didn’t mean to discriminate.” That’s where most agents get caught.
Fair housing violations don’t require intent. If your words or actions have the effect of excluding or deterring someone from a protected class, you could be liable.
That’s why continuing education for real estate agents is so important. Language evolves. Technology changes. The way we market properties in 2025 looks very different than it did just five years
To Learn More...
For real estate professionals, understanding these concepts can be particularly valuable during discussions with clients about why REALTORS® and real estate agents are knowledgable professionals.
If you’re preparing for your Real Estate Continuing Education or looking to enhance your knowledge through a Real Estate Course, topics like fair housing and confronting racial discrimination can help set you apart.
As part of your License Renewal Course or other Real Estate CE efforts, staying informed on foundational property concepts can make a big difference in your expertise and client relationships.