Fair Housing Act · 42 U.S.C. 3604(c)Fair housing advertising rules: what a listing, flyer or post may not say
The Fair Housing Act makes it unlawful to make, print or publish any notice, statement or advertisement about the sale or rental of a dwelling that indicates a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin (42 U.S.C. 3604(c)). HUD's rule applies this to all written or oral notices and statements by anyone engaged in the sale or rental – applications, flyers, brochures, deeds, signs, banners, posters and billboards – and to words, photographs, illustrations and symbols, to statements made to agents and brokers, and to choosing media or locations that keep groups from learning about housing (24 CFR 100.75). The narrow exemption for some owners selling their own single-family house never covers advertising: it does not apply to section 3604(c), and it is lost when a broker or agent is used (42 U.S.C. 3603(b)).
What the rule covers (24 CFR 100.75)
Every format
Written or oral: listings, applications, flyers, brochures, deeds, signs, banners, posters, billboards, social posts.
Every element
Words, phrases, photographs, illustrations, symbols or forms that convey who is or is not welcome.
Behind the scenes
Telling agents or brokers a preference for or limitation on buyers or renters.
Where you advertise
Choosing media or locations that deny parts of the market information about housing.
Describe the property, not the people
- Rooms, square footage, features, location facts, schools by name and distance.
- Accessibility features as features ("step-free entry", "roll-in shower").
- The same listing text in English and Spanish – offering the ad in more languages widens who learns about the home.
Phrases to take out before a listing goes live
- Any reference to the kind of buyer wanted or not wanted by race, color, religion, sex, disability, family status or national origin.
- "Perfect for a young couple", "no children", "adults only" – familial status (unless the property is lawfully exempt housing for older persons).
- Describing a neighborhood by who lives there instead of what is there.
- Requirements in a seller's instructions that limit who may buy – the agent may not pass them on.
Questions agents and TCs ask
Does fair housing law apply to a for-sale-by-owner ad?
Yes for the ad: the owner's single-family exemption does not reach section 3604(c), so a discriminatory notice or advertisement is unlawful even when the owner is otherwise exempt (42 U.S.C. 3603(b)).
Can a listing say "no kids" or "perfect for retirees"?
Statements indicating a preference or limitation based on familial status are prohibited (42 U.S.C. 3604(c)), unless the housing is lawfully exempt housing for older persons.
Do photos in a listing count?
Yes. Words, phrases, photographs, illustrations and symbols are all covered (24 CFR 100.75(c)(1)).
Related guides
ClosingCode writes client messages in English and Spanish from the same facts, so every client hears the same thing in their own language.
Start free trialSources (read October 25, 2026): 42 U.S.C. 3603(b) and 3604(c) (govinfo); 24 CFR 100.75 (eCFR).
General information, not legal advice. ClosingCode is software; it is not a law firm, lender, title company or brokerage. Lenders and investors can add their own rules. This guide is not a substitute for the advice or services of an attorney.