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FAIR HOUSING DISCLAIMER and INFORMATION
Stating a discriminatory comment or preference in a real estate classified ad post is illegal and subject to your prosecution!!
While posting any ad on WaldosPost.com, you must follow the laws as stated in section 3604(c) of the Federal Fair Housing Act. This law prohibits that in any notice to Rent, Sell or Buy related to Housing, a discriminatory preference based on any of the following protected categories:
HUD has issued guidance on advertising, including for roommates.
State and local laws prohibit discrimination based on other factors (such as Age, Marital Status, Sexual Orentation, Source Of Income, Religion, National Origin, Disablities / Handicaps, Race or Color).
You may report discrimination to HUD at 1-800-669-9777, or to a fair housing advocate near you.
If you find a housing ad on WaldosPost that you believe violates the Fair Housing laws, please flag the Ad posting as inappropriate. See how to flag an ad here.
Violators may be subject to fines and penaltys HUD & Fair Housing agencies. Any continual postings of discriminatory ads by such violators may be blocked and/or subject to other legal measures.
Frequently Asked Questions:
QUESTION #1: Are there Shared Housing and Roommate Laws? -
Federal Fair Housing laws for roommates and shared housing have two components: advertising and decision-making.
- Advertising: Federal Fair Housing laws prohibit discriminatory advertising in all housing, regardless of how large or small the property. However, as discussed below, advertising which expresses a preference based upon sex is allowed in shared living situations where tenants will share a bathroom, kitchen, or other common area.
- Decision-making: Although the prohibition on discriminatory advertising applies to roommate and shared housing situations, federal Fair Housing laws do not cover the basis of decisions made by landowners who own less than four units, and live in one of the units. This means that in a situation in which a landlord owns less than four rental units, and lives in one of the units, it is legal for the owner to discriminate in the selection process based on the aforementioned categories, but it is illegal for that owner to advertise or otherwise make a statement expressing that discriminatory preference.
QUESTION #2: What exceptions are there to the advertising laws?
Under federal Fair Housing law, the prohibition on discriminatory advertisements applies to all situations except the following:
- Shared Housing Exemption -- If you are advertising a shared housing unit, in which tenants will be sharing a bathroom, kitchen, or other common area, you may express a preference based upon sex only.
- Private Club and Religious Exemptions -- A religious community or private club whose membership is not restricted based upon race, color, or national origin may restrict tenancy only to its members in a property that it owns, and may advertise to that effect.
- Housing for Older Persons Exemption -- As discussed below, certain complexes for elderly persons are exempt from prohibitions on familial status discrimination, including the prohibitions on discriminatory advertising.
QUESTION #3: What are the protected categories in my area that I need to be aware of?
The "protected categories" under state and local Fair Housing laws may differ depending on what city and state you live in.
Federal law prohibits discrimination based on the following protected categories:
- Race - see below for more information
- Color - see below for more information
- Religion - see below for more information
- National Origin - see below for more information
- Handicap / Disability - see below for more information
- Familial Status - see below for more information
State and local laws often extend anti-discrimination protections to other categories, such as age, marital status, or sexual orientation. Click your state below for a brief summary of state Fair Housing laws in your state. Please note that not all states have additional Fair Housing laws.
AR - CA - CT - DE - DC - FL - GA - HI - ID - IL - IN - IA - KS - KY - ME - MD - MA - MI - MN - MO - MT - NE - NV - NH - NJ - NM - NY - NC - ND - OH - OR - PA - RI - SC - SD - TN - VT - VA - WV - WI - Other
QUESTION #4: What is "familial status"?
"Familial status" means the presence of children under the age of 18.
Unless otherwise exempted, it is illegal to:
- discriminate against families with children
- discourage families with children from renting a unit
- steer families with children to a particular area of an apartment complex
- establish rules, regulations, or policies that discriminate or have a disparate impact on families with children
- discriminate against pregnant women
- discriminate against anyone in process of securing legal custody of a child under age 18
QUESTION #5: Is anyone exempt from laws prohibiting "familial status" discrimination?
Under federal Fair Housing laws, "housing for older persons" is exempted from the prohibitions on "familial status" discrimination.
"Housing for older persons" is defined as either of the following:
- Housing occupied solely by persons 62 years of age or older; or
- Housing in which 80% of the occupied units have at least one person 55 years of age or older, and which meet certain other requirements.
This exemption applies only to familial status discrimination; discrimination against all other protected categories, including disability, is still prohibited in housing for older persons.
QUESTION #6: How does the law define "handicap"?
Federal law defines "handicap" as any "physical or mental impairment which substantially limits one or more of [a] person's major life activities, a record of having such an impairment, or being regarded as having such an impairment."
Further discussion of the definition of "handicap" can be found in the section 100.201 of Title 24 of the Code of Federal Regulations (24 C.F.R. 100.201). Check the laws in your state for a full definition in your area of "handicap."
QUESTION #7: What should I do if I find a discriminatory classified ad on WaldosPost?
If you happen to come across a classified ad on our website and you believe that it may violate Fair Housing laws, please flag the "report abuse" link in the top right corner of the ad itself.
If you are not sure if the posting violates the Fair Housing act, please contact HUD or your local Fair Housing division. If you have made contact with the person who created the ad and you have been discriminated against based on one of the protected categories, you can file a claim with HUD or your local Fair Housing center.
QUESTION #8: How Do I Recognize A Discriminatory Ad
In general, a classified ad is discriminatory if it limits who can purchase, buy, rent or sell or openly excludes a protected class in the ad based upon one or more of the protected categories, which may vary depending upon where you reside, but which always include the seven (7) federal categories. Your State or local laws may protect other categories. Go here for a quick summary of additional laws near you.
Other methods of ads being discriminatory is if the ad contains language that could be deemed "discouraging" towards a certain protected category of people. An example of this might be claiming that a certain apartment complex is "perfect for a single person or couple". This may be trying to keep those people with with children to feel that they should not live there. Even though (in this example) the person who placed the ad may have not intentionally wanted to discriminate against families, it is still illegal.
Finally, a classified ad is discriminatory if it uses language that might have an impact on a certain protected category. For example, an classified ad for a 3 bedroom unit which mentions for "3 people only" may be viewed as discriminating against those with families because it does not mention families. It appears to limit to only those without families. So those people with children may feel excluded. (For more information on other ways people could feel excluded in ads, see HUD's guidance on occupancy standards.)
QUESTION #9: Some Examples of Discriminatory Advertisements
Please note that other methods of ads being discriminating exist. These are only a few!
1. race / color
- an ad recommending a preference for the race of a desired applicant (for example - "no hispanics," "whites only," etc)
- an ad listing the race of current tenants in an apartment complex or neighborhood (for example - "Hispanic neighborhood," "most residents are Black," "an Asian community," etc)
- an ad listing a preference of an applicant's religion (for example - "Christians only," "no Muslims," "no Jews," etc)
- an ad mentioning the current religion of the occupants in the neighborhood (for example - "nice, Muslim neighborhood," "Christian person seeks roommate," etc)
- an ad listing a preferred national origin (for example - "no europeans," "no canadians," "Italians only please," etc)
- ads that are only in a language other than English
- ads listing the origin of the current people living in the unit or home in a complex or neighborhood (for example - "mostly Italian neighborhood," "mostly Russian residents," etc)
- an ad listing a preference for non-handicapped people (for example - "no wheelchairs," "need to live independently," etc)
- ads mentioning that the property is unsuitable for people with certain disabilities (for example - "not wheelchair accessible", "no pets allowed even for those with visual impairment", etc)
- ads claiming a clear desire for couples without children (for example - "no kids," "no kids & no pets," "double occupancy only," etc)
- ads trying discourage couples with kids (for example - "ideal for business men and woman," "perfect for single or a couple," "quiet neighborhood with no kids," "quiet mature neighborhood", etc)
- ads preferring for one sex over another (for example - "no older men," "all male neighborhood," etc)
* this does not apply based upon shared housing situations. See your city and state laws regarding your area to be sure you are following them correctly.
Other Resources:
Guidance on advertising - published by the Pennsylvania Human Rights Commission
Guidance on Advertising - published by the Fair Housing Council of Greater Washington
Housing.org - the official site of Project Sentinel, one of the country's largest fair housing centers
National Fair Housing Advocate - an online resource for fair housing advocates and public on issues relating to housing discrimination
National Fair Housing Alliance - a national organization dedicated to ending discrimination in housing
U.S. Department of Housing and Urban Development (HUD) - the federal agency charged with investigating claims of housing discrimination
Guidance on advertising - published by HUD
Please refer to the actual laws or your local Fair Housing department for more information of local laws.
If you have any questions about any of this information listed on our website &/or you feel that there is an error or something is out of date, please let us know <<<<<<>>>>>>>>>>>>>>>>>
Please remember to follow the above laws so that you won't be liable and subject to legal penalties and prosecution.