PROPERTYSPARK ARTICLE

Advertising and Marketing Guidelines: How to Avoid Fair Housing Violations

A complete guide to fair marketing practices

Realtors have many legal obligations, not just to buyers and sellers but to all who view their properties.

One of the most important is the legal requirement to uphold fair housing laws and market all available listings in a way that’s ethical, constitutional, and equitable.

Prospective buyers should all feel welcomed and accepted as potential clients, and the Fair Housing Act aims to uphold this important objective.

A strong real estate marketing strategy should always be cognizant of the language, media, and tone that it takes online. That’s why we’re sharing these industry-approved marketing guidelines and techniques on how to avoid fair housing violations.

What Are Fair Housing Violations?

When it comes to advertising real estate, the properties listed and described need to be presented in a way that’s considerate and open to all types of demographics. More specifically, fair housing violations are violations in connection with Article 10 of the Code of Ethics, which states as follows:

“Advertisements should never indicate a preference or limitation based on a protected class, which at the federal level includes race, color, religion, sex, disability, family status, and national origin.”

No person should feel as though they are excluded from viewing or applying for a property based on their background, identity, or lifestyle.

Avoiding fair housing violations is not only the right thing to do – it’s also the smart thing to do. It keeps a real estate agency in alignment with essential ethical and business codes.

So, how does an agency successfully avoid fair housing violations and market its properties in a legal and empathic way? Let’s take a look.

Use inclusive language and visual content

Before clients become clients, they are consumers. The content they consume from your website and social media is crucial to shaping a legitimate and positive public sentiment.

Using inclusive language means avoiding symbols, logos, and words that isolate some demographics while being preferential to others.

Another important thing to consider is fair representation in visual content.

Ensure that a wide demographic of individuals is featured so that fair housing laws are upheld and followers feel they can realistically identify with the properties you are advertising.

Train agents and staff to understand fair housing practices

Make sure that your agency staff has a well-developed understanding of fair housing practices. They must also be able to not only spot (and correct) avoidable marketing mistakes but also bring fresh, code-friendly ideas to the table that are inclusive of audiences of all kinds.

Training and educating your staff on these matters doesn’t just help you stay in alignment with housing codes; it also increases the quality and lifespan of your online content.

Consider running a workshop, hosting regular meetings, and frequently discussing the importance of avoiding fair housing violations so that it is at the forefront of your team’s mind all the time.

Understand and avoid discriminatory language

Avoiding discriminatory language is perhaps one of the simplest and most obvious guidelines to follow when trying to avoid fair housing violations.

Here’s a list of examples of exclusive language that should always be avoided when marketing real estate:

• Christian community
• Ideal for singles
• Ethnic neighborhoods
• No children

Some of these terms may not seem outwardly discriminatory. However, using any language that directly or indirectly references a specific limitation, lifestyle, or preference can be read as exclusionary towards a protected class. This is a fair housing violation, and it needs to be avoided.

Always focus on the property

Moving on from the above section, let’s focus on what kind of language you can (and should) focus on when marketing a property online.

Instead of referencing the type of applicant you are hoping to attract, focus completely on the features and benefits of the property. Factors like its size, price, amenities, location, and perks should all take center stage when compiling an advertisement or social media post.

Additionally, consider including clear and detailed information about available units, property expenses, rent prices (bonus points for including rent receipts), along with the application process on your website and marketing materials.

Focus on the property’s unique features and benefits in your advertisements. This creates a welcoming and inclusive message for everyone, helping you avoid potential fair housing violations based on protected characteristics.

Ask for feedback

Running surveys and asking your audience for feedback is a great thing to do in connection to fair housing regulations – but it’s also just a good practice in general.

Given the opportunity, most consumers are happy to voice their opinions, both good and bad.

While you shouldn’t rely on the public to make sure your real estate marketing efforts are aligned with fair housing laws (that is research your team should be conducting behind the scenes), running surveys and asking questions about how your audience feels about representation in your content can result in some very useful data that makes your campaigns even better over time.

Seek professional advice

There are organizations, attorneys, and consultants that offer housing law compliance audits. If you would like to ensure that your real estate marketing campaigns are 100% watertight, the advice and affirmation of a trained eye can make a world of difference.

Hiring a professional to take a look at your lead generation ideas, your content, and your overall approach to marketing can result in a much more effective strategy that both audiences and the government approve of.

Regularly audit your online presence

Avoiding fair housing violations isn’t a one-time effort – it’s an ongoing commitment. That’s why regular audits of your online presence are a must for any real estate agency. These audits act as your safety net, catching even the subtlest missteps and uncovering potential patterns of bias within your content.

Include consistent audit of your marketing analysis and your marketing budget, as this can help you catch even the smallest mistakes and identify problematic patterns within your content.

Get your marketing team to include fair housing law compliance in their other points of interest, such as engagement targets and website traffic. This then makes this important aspect of real estate agency management a formal part of the business.

A Fair Approach Is The Best Approach

Any advertising strategy that fails to recognize the importance of inclusivity and fair housing laws is a failed one.

By committing to mindful real estate marketing strategies, not people-focused advertising tactics, any real estate agency can successfully avoid fair housing violations. In doing so, it can establish a relationship with its target market that is altogether loyal, lawful, and sustainable.