1-800RealEstate.com supports people’s right to Fair Housing
Our Commitment
1-800RealEstate.com is committed to ensuring that every listing on our platform complies with the Fair Housing Act and all applicable state and local fair housing laws. Discrimination has no place on our platform. We actively monitor listings for discriminatory content, and any listing that violates fair housing laws will be removed immediately.
Fair housing laws protect individuals from discrimination in housing-related activities, ensuring equal opportunity regardless of certain protected characteristics. The primary federal law in the United States is the Fair Housing Act, enacted in 1968 and amended in 1988.
Federal Protected Classes
The Fair Housing Act prohibits discrimination in housing based on the following seven protected classes:
Race
Includes ancestry or ethnic origin. The Civil Rights Act of 1866 also prohibits all race discrimination in housing with no exceptions.
Color
Refers to a person’s skin color. Protected independently from race.
Religion
Protects individuals from discrimination based on their religious beliefs, practice, or affiliation.
National Origin
Prohibits discrimination based on birthplace, ancestry, culture, or linguistic characteristics.
Sex
Includes gender, sexual orientation, and gender identity, consistent with federal guidance and the Supreme Court’s interpretation in Bostock v. Clayton County (2020).
Familial Status
Protects families with children under 18, including pregnant women, those seeking custody, and foster parents.
Disability
Protects individuals with physical or mental disabilities. Landlords must make reasonable accommodations (e.g., service animals, modifications).
Additional State & Local Classes
Many states and localities also protect: source of income (incl. Section 8), age, marital status, veteran/military status, citizenship, and genetic information. Check your local laws.
What the Fair Housing Act Covers
The Act applies to a wide range of housing activities:
- Selling or renting a home: Including advertising, showing properties, setting terms and conditions, and negotiating.
- Financing a home: Including mortgage lending, appraisals, and homeowner’s insurance.
- Providing housing services: Including property management, HOA governance, and maintenance.
- Advertising: All housing advertising must comply with fair housing law, regardless of any other exemptions (see below).
Advertising and Fair Housing
The Fair Housing Act extends to all aspects of housing advertising. Whether you are an agent, landlord, property manager, or owner, your advertising must comply. There are no exemptions for advertising — even if the underlying transaction might be exempt, the advertisement is not.
Advertising Guidelines
- No discriminatory language: Avoid any language suggesting a preference or limitation based on protected characteristics.
- No discriminatory imagery: Images should represent a diverse population. Avoid images depicting only one race, ethnicity, or family type.
- Highlight accessibility features: Mention accessible features such as ramps, wide doorways, first-floor bedrooms, and elevator access.
- Include Equal Housing Opportunity statement: Display the Equal Housing Opportunity logo or statement in your advertising.
- Focus on property features: Describe amenities, location, and features neutrally and objectively.
- Avoid targeting by protected class: Ensure paid advertising and social media targeting does not exclude protected groups.
Examples of Discriminatory Advertising
| Prohibited Language | Why It’s Prohibited |
Better Alternative
|
|---|---|---|
|
“Perfect for a young couple”
|
Familial status / age | “Cozy 2-bedroom with updated kitchen” |
|
“Quiet neighborhood, suitable for retirees”
|
Familial status / age | “Peaceful tree-lined street near parks” |
|
“Christian home”
|
Religion | “Well-maintained colonial with large yard” |
|
“Near [specific religious institution]”
|
Religion | “Convenient location near shops and schools” |
|
“No Section 8 vouchers”
|
Source of income (prohibited in many states & localities; may disproportionately affect protected classes) | Omit — or consult your state’s laws on source of income |
|
“Walk-up apartment” (no other details)
|
Disability (implies inaccessibility) | “Third-floor unit; building does not have elevator access” |
| “English speakers only” | National origin |
Omit entirely
|
| “No children” or “Adults only” | Familial status | Omit entirely (except qualified senior housing) |
Important: “No Section 8 vouchers” is not a federal Fair Housing Act violation, but source of income discrimination is prohibited in many states and municipalities, including Massachusetts, Connecticut, New Jersey, California, Oregon, and numerous cities. Always check your local laws. Regardless of legality, such language can disproportionately affect people with disabilities and families with children, which are federally protected classes.
Exemptions Under the Fair Housing Act
There are limited exemptions under federal law. These exemptions are narrowly construed and do not apply to advertising.
Owner-Occupied Buildings (“Mrs. Murphy’s Exception”)
The Act does not apply to owner-occupied buildings with four or fewer units, provided the owner lives in one unit. However:
- Discriminatory advertising is never allowed, even under this exemption.
- Many state and local laws do not include this exemption.
- The Civil Rights Act of 1866 prohibits race and color discrimination with no exceptions.
Single-Family Homes Sold or Rented by Owner
The Act generally does not apply to single-family homes sold or rented by the owner without a real estate agent, provided the owner owns no more than three such homes at one time. However:
- This exemption does not apply when any real estate professional (agent, broker, property manager) is involved in the transaction.
- This exemption does not apply when the property is listed on a real estate advertising platform, including 1-800RealEstate.com.
- Discriminatory advertising is never allowed.
- Many state and local laws do not include this exemption.
Key point: Because all listings on 1-800RealEstate.com are published on an advertising platform, the advertising provisions of the Fair Housing Act apply to every listing on our site, regardless of any transaction-level exemption that might otherwise apply.
Real Estate Agent Guidelines
Agents using 1-800RealEstate.com must adhere to the following guidelines:
- Know the protected classes: Be familiar with federal, state, and local protected classes in every jurisdiction where you operate.
- Avoid discriminatory language: Never use language expressing preference or limitation based on protected characteristics in any listing, description, or communication.
- Use inclusive imagery: Listing photos and videos should not suggest a preference for or exclusion of any group.
- Highlight accessibility features: Proactively mention accessible features such as ramps, elevators, wide doorways, and first-floor bedrooms.
- Avoid steering: Do not direct clients toward or away from neighborhoods based on race, ethnicity, religion, familial status, or any other protected characteristic.
- Be mindful of digital targeting: If using social media ads or targeted marketing, ensure your audience targeting does not exclude protected groups.
- Include Equal Housing Opportunity statement: Display the logo or statement in all advertising materials.
- Train and educate: Ensure all team members understand fair housing obligations.
- Review listings before posting: Proofread all listing descriptions for inadvertent discriminatory language.
- Document everything: Keep records of advertising activities, communications, and compliance efforts.
How 1-800RealEstate.com Enforces Fair Housing
All listings on 1-800RealEstate.com are subject to our Listing Terms of Service, which prohibit discriminatory content. We take fair housing compliance seriously and enforce it through the following measures:
- Active monitoring: We review listings for language and content that may violate fair housing laws.
- Immediate removal: Listings containing language or criteria that discriminate against any protected class will be removed immediately upon detection or report.
- Account consequences: Repeat violations will result in permanent account termination, in accordance with our Listing Terms of Service (Section 9).
- User reporting: Any user may report a potential fair housing violation using the Report button on any listing or by contacting us at support@1800realestate.com.
- Cooperation with authorities: We will cooperate with HUD and state/local fair housing agencies in the investigation of reported violations.
Consequences of Violating Fair Housing Laws
For Agents and Listing Parties
- Civil lawsuits from affected individuals
- Fines imposed by HUD (up to $16,000+ for a first violation, increasing for subsequent violations)
- Real estate license suspension or revocation by state licensing boards
- Criminal penalties in cases involving force, threat, or intimidation
- Reputational damage
- Removal from 1-800RealEstate.com and permanent account termination
For Property Owners
- Civil lawsuits and financial damages
- HUD enforcement actions and fines
- Injunctive relief (court orders to change practices)
- Reputational damage
How to Report a Violation
If you believe a listing on 1-800RealEstate.com or any housing advertisement violates fair housing law:
Report on Our Platform
- Click the Report button on the listing in question, or
- Email us at support@1800realestate.com with the listing details and your concern.
File a Federal Complaint
- Call HUD at 1-800-669-9777 (TTY: 1-800-927-9275)
- File online at www.hud.gov/fairhousing
File a State or Local Complaint
Many states and municipalities have their own fair housing enforcement agencies that may provide additional protections beyond federal law. Contact your state’s civil rights commission or attorney general’s office.
Accessibility Commitment
1-800RealEstate.com is committed to making our Website accessible to all users, including individuals with disabilities. We strive to conform to the Web Content Accessibility Guidelines (WCAG) and welcome feedback on how we can improve accessibility. If you experience difficulty accessing any part of our Website, please contact us at support@1800realestate.com.
Enforcement and Filing Complaints
The U.S. Department of Housing and Urban Development (HUD) enforces the Fair Housing Act at the federal level. Individuals can file complaints with HUD, which investigates and can pursue administrative action. Private individuals can also file lawsuits in federal or state court.
State and local fair housing agencies often have concurrent jurisdiction and may provide additional protections. Many states protect classes not covered by federal law (such as source of income, marital status, or age).
Resources and Supporting Links
HUD Fair Housing Acthud.gov/program_offices/fair_housing_equal_opp/fair_housing_act
HUD Fair Housing Advertisinghud.gov/program_offices/fair_housing_equal_opp/advertising
How to File a HUD Complainthud.gov/program_offices/fair_housing_equal_opp/how_to_file_a_complaint
National Fair Housing Alliancenationalfairhousing.org
HUD Discrimination Hotline1-800-669-9777 (TTY: 1-800-927-9275)
Justia Fair Housing Overviewjustia.com (search “Fair Housing Act”)
■ EQUAL HOUSING OPPORTUNITY
All real estate advertised on 1-800RealEstate.com is subject to the Federal Fair Housing Act, which makes it illegal to advertise any preference, limitation, or discrimination based on race, color, religion, sex, disability, familial status, or national origin.
This information is provided by 1-800RealEstate.com for educational purposes only and does not constitute legal advice. Fair housing law is complex and varies by jurisdiction. Consult with a qualified attorney for legal guidance specific to your situation. State and local laws often provide additional protections beyond those described here.