April Is National Fair Housing Month

April is Fair Housing Month and 2006 marks the 38th anniversary of the Fair Housing Act. The Fair Housing Act, as instituted in 1968 and as amended in 1974 and 1988, designates seven protected classes including; race, religion, color, national origin, sex, familial status and handicap/disability. It is illegal to discriminate against individuals of these classes in the sale, rental and financing of housing, and in the provision of brokerage and appraisal services. Section 804© of the Fair Housing Act, as amended, makes it unlawful to make, print, or publish, or cause to be made, printed or published, any notice, statement or advertisement, with respect to the sale or rental of a dwelling, that indicates any preference or limitation for or against individuals of the previously mentioned protected classes.

The Fair Housing Act regulates all advertising related to the sale, rental and brokerage of housing. This would also include yard signs, lobby pamphlets and flyers, as well as newspapers, magazines, brochures, all other print media, radio and television.

Determination of what constitutes discriminatory advertising is a subjective and evolving process. This information is not intended to provide legal advice or opinions on any issue, to any entity.

This article seeks to provide background information to all parties involved in the advertising of housing. For more specific information, it is suggested that legal council be sought.

Who needs to be concerned about Fair Housing Advertising?

Under state and federal law, when it comes to discriminatory advertising, not only can administrative charges or civil suits be brought against the persons who wrote and placed the ad, but also against the persons who accepted the ad, the owner and management company of the property advertised plus the newspaper management, publisher and owner.

Giving your ads a safety check.

Here are some tips to consider when reviewing you draft ad copy:

Replace superlatives with neutral characterizations. Words like totally, completely and fully, when combined with descriptions like remodeled or updated, can spell trouble. It is safer to replace totally with a neutral modifier like beautifully or stylishly.

Consider what expectations might be built into property descriptions. Common ad language like “back yard ready for pool or perfect opportunity for room additions” might lead a reader to expect that all the necessary prep work has been completed, including obtaining all the proper permits. Such ad language could be challenged.

Avoid vague language. “All appliances are brand new” could be interpreted in a variety of ways. What does the phrase “all appliances” include——the washer and dryer, the central vacuum system or just the kitchen appliances? Does the phrase “brand new” mean that the appliances have never been removed from their boxes or never used? Clarify the ad by removing words that could cause potential arguments.

Replace brand names with generic descriptions. Brand names should be replaced with generic product descriptions, unless it can be determined for certain that the feature is the specified brand name. For example, instead of advertising a “Jacuzzi in the backyard,” call it a spa. If the spa isn’t the Jacuzzi brand, the buyer could later claim that the advertisement misrepresented the feature.

Describe the property, not the people. Take care not to practice inadvertent and intentional discrimination in the wording of an ad. When an ad describes the people who live in the neighborhood rather than the physical property, some qualified prospects may believe they aren’t welcome. Familial status references can be particularly troublesome. Use caution with phrases such as “great for empty nesters” or “great singles neighborhood”. Describing the property, not the potential residents, eliminates the potential discriminatory tone. Remember that the only time it is lawful to state that property is intended for older persons and not children is when written documentation can be provided that the property qualifies as housing for older persons.

NOTICE         NOTICE          NOTICE         NOTICE         NOTICE

TMHA will no longer cover the cost of lead based paint clearances effective May 1, 2006. In the past HUD has provided us funds to cover the cost of the first $150 clearance test in cases where the unit failed the visual inspection for painted surfaces in housing built after 1978 where there is a child under 6 or pregnant mother in the family. TMHA contracted with Farsight Mgmt. to complete the clearance test after the paint was repaired.

THIS YEAR HUD HAS DISCONTINUED PROVIDING FUNDING FOR LBP CLEARANCES, and because of other funding cuts TMHA is unable to make up the lost funding. Farsight Mgmt. will still perform the clearance test, but the owner will now have to pay Farsight for the service rather than TMHA paying the bill. Because of this funding cut, owners need to be sure more than ever that painted surfaces pass the visual inspection that is done by our TMHA inspector. Remember, if the interior and exterior painted surfaces are intact and not chipping, peeling, checkering, flaking, or chalking visually, the paint passes. Check especially painted trim, window sills, frames, and areas between interior windows and storm windows. These are frequent fail spots.
 

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