In a demanding housing market, creating a rental listing that shines amongst the competition is imperative. A rental listing is a spotlight that showcases all your rental has to offer. It hooks renters with its preeminent title, reels them in with enticing descriptions and photos, and prompts renters to apply.
Creating a rental listing is exciting, but with the myriad of details you must include in your listing, it can be easy to forget about the ones you shouldn’t. So how do you know what not to say in a rental listing? Rental listing verbiage should never include:
According to the Fair Housing Act, including these elements in a rental listing is discriminatory and liable to a lawsuit. So how can you make the most of your rental listing without legally discriminating? The answer lies in knowing precisely what housing discrimination is, understanding contributing factors, and knowing why you should never include those five discriminatory elements.
What Is the Fair Housing Act?
The Fair Housing Act “protects people from discrimination when they are renting or buying a home, getting a mortgage, seeking housing assistance, or engaging in other housing-related activities.” Most notably, it prohibits landlords from:
- Refusing to rent or sell housing
- Making housing unavailable to protected groups
- Setting different terms, conditions, or privileges for the sale or rental of a dwelling
- Providing protected groups with different housing services or facilities
- Making, printing, or publishing any sale or rental notice that indicates any preference, limitation, or discrimination
- Using different qualification criteria, applications, or sale or rental standards, such as income standards, application requirements, application fees, credit analyses, sale or rental approval procedures, or other requirements
- Harassing a person
- Limiting privileges, services, or facilities of a dwelling
- Discouraging the purchase or rental of a dwelling
- Assigning a person to a particular building or neighborhood or section of a building or neighborhood
While this Act includes most housing facilities, it exempts owner-occupied buildings with less than four units and single-family houses sold or rented by the owner without the use of an agent. It also excludes housing operated by religious organizations and private clubs that limit occupancy to members. If your rental unit falls outside exemption, avoiding all language about the Fair Housing Act’s protected classes is essential.
What is Protected Classes?
Protected classes are groups of people the law protects from discrimination. These groups are characterized by their shared characteristics or traits. To avoid discrimination in your rental listing, it’s imperative to understand how and why the Fair Housing Act protects specific classes.
Familial Status
Familial status is the makeup of one’s family. It pertains to the number of children and adults living together in one family unit. Therefore, landlords cannot legally discriminate based on marital status, pregnant women, families with children under 18, or families in the process of obtaining custody of a child.
To align with the Fair Housing Act’s standards, landlords should avoid all references to family dynamics in the rental listing. Do not specifically advertise to adults, couples, or families with or without children. Also, avoid language that alludes to familial status, such as “family-friendly” or “adult-only.”
Instead, highlight amenities that help singles or families with children decide if the rental is right for them. Describe the number of bedrooms or square footage of the property and include amenities such as fenced-in backyards in the listing description. Using general wording, you can inform potential tenants about your property without violating the law.
Lastly, the Fair Housing Act’s prohibitions contain a limited exemption for “housing for older persons.” The Fair Housing Act states,
“Housing facilities or communities can lawfully refuse to sell or rent dwellings to families with minor children only if they qualify for an exemption. To be eligible for the ‘housing for older persons’ exemption, a facility or community must either be:
- Specifically designed and operated to assist elderly persons and provided by a state or federal program.
- Intended for and solely occupied by persons 62 years of age or older; or
- Intended and operated for occupancy by persons 55 years of age or older.
The 55 or older exemption is the most common of the three.”
If a property aligns with the “older persons” basis for exemption, their rental listings can include exclusionary language for children.
Sex and Gender
Excluding a property based on an individual’s sex, gender, or sexual orientation is illegal. Landlords should never indicate a preference, limitation, or discrimination for women, men, specific age groups, or groups based on sexual orientation.
Instead, landlords can include general terms, such as “bachelor apartment” or “master suite,” to illustrate the features of the listing.
Pro tip: If you’re listing a shared living space and explicitly looking for a female or male tenant, you can legally outline this in your listing without violating the Fair Housing Act. However, the shared living space rule must apply to the entire property to remain exempt.
Disability
Landlords should not highlight any property exclusions or limitations based on disability. For example, it is illegal to note your property’s absence of rampways or wheelchair access.
Instead, highlight features that paint a picture of your property’s accessibility. For example, you may note the property features two elevators. Likewise, you may describe the apartment as a three-story walk-up. Including general language and descriptions can help you accurately portray your property to tenants without overtly violating the Fair Housing Act.
Religion
Avoid mentioning religion, religious preference, religious discrimination, or religious affiliation in your rental listing. Don't include phrases like “Christian tenants” or “Muslim neighborhood” in your description. Instead, you can highlight your rental’s proximity to local faith-based organizations in the area.
Color, Race, or National Origin
Never include color, race, or national origin in your rental listing. Inserting descriptions such as “Greek neighborhood,” “Housing for light-skinned tenants,” or “Accommodations for US Citizens only” is expressly illegal. There are no exceptions in which you mention color, race, or national origin.
What are the Consequences of Violating the Fair Housing Act?
You may face a lawsuit if you violate the Fair Housing Act. Courts may order you to pay the plaintiff compensatory, non-economic, civil, and punitive damages if the court finds you guilty. The charges and trial could result in you owing thousands of dollars.
Additionally, the US Department of Housing and Urban Development (HUD) keeps a public record of all housing discrimination charges. If the court finds you guilty of discrimination, all potential tenants can access this information for future reference.
What Other Factors Should I Consider in My Listing Description?
Aside from avoiding discriminatory language, aim to exclude subjective descriptions, abbreviations, or exaggerations from your rental listing. Make the listing as straightforward as possible by using general yet informative language. For example, instead of using overzealous adjectives such as “magnificently cheap,” write the word “affordable.” Rather than describing your property as the “best deal” or a “must-see,” opt to detail your rental’s best features.
Ultimately, tenants want a simple, accurate description of your property to make the best decision for their housing. To meet them in the middle, make your listing description simple, honest, and sincere .
Create the Perfect Listing with Apartments.com
Your rental listing is a tenant’s first impression of your property. Its description entices them to learn more information, apply for the unit, and ultimately sign a lease. So how can you balance showcasing the best of your property while avoiding housing discrimination? You can create a rental listing with Apartments.com.
Use our platform to upload quality images, highlight key amenities, and specify property specifications. And when you’ve finished listing the details that make your property unique? Advertise it live on Apartments.com in a matter of minutes. We know unique properties deserve equally special tenants, and we're here to help you find them. When you list your rental on Apartments.com, we provide you with free rent comparison reports. This valuable information gives you a clear understanding of the market so you can price your rental right, compare your property’s value to other similar properties, and review market conditions like the average days on the market and the average rent rates. By listing on Apartments.com, you can reach millions of renters and fill your vacancy fast.
Frequently Asked Questions
What makes a listing stand out?
To make your listing stand out, always include quality photos, an informed description that highlights your property’s best features, and—if possible—a virtual floor plan.
How can I make sure a tenant picks my listing?
While you can’t control a tenant’s decision, you can help your rental stand out from the competition by including an accurate description and eye-catching photos. The more your listing showcases your property’s features, the more it will attract tenants looking for housing
