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   The purpose is to answer frequently asked or unusual questions. Topics will range from real estate, business, litigation and trusts and estates. Your feedback is appreciated. Direct your comments to Cherisse Roy at croy@scott-harris.com

A FAIR HOUSING CONCERN

  The latest revision to the FAR/BAR contract is now available, so I would like to outline the major changes.

  Since April is Fair Housing month, a few reminders about some fair housing concerns is in order. All Realtors understand that they may not engage in block busting or steering; however, they often overlook other areas in which they may violate fair housing laws. It is possible to violate fair housing laws in advertisements.

  Words in advertisements such as "mature person preferred" and "one person" have been held to violate fair housing laws. Further, a series of print ads depicting 95 white persons and a single African American as a carpenter building a home, or a series of 35 ads in the New York Times none of which depicted black models have been held to violate fair housing advertising laws. HUD has produced fair housing advertising guidelines which provide in part as follows:

1. Race, color, national origin. Use of words describing the housing, the current or potential residents, or the neighbors or neighborhood in racial or ethnic terms (ie., white family home, no Irish) will create liability. However, advertisements which are facially neutral will not create liability. Terms such as master bedroom, rare find, or desirable neighborhood are acceptable.
   
   
2. Religion. Advertisements should not contain an explicit preference, limitation or discrimination on account of religion (i.e., no Jews, Christian home). Advertisements which use the legal name of an entity which contains a religious reference (for example, Roselawn Catholic Home), or those which contain a religious symbol, (such as a cross), standing alone, may indicate a religious preference. However, if such an advertisement includes a disclaimer (such as the statement "This Home does not discriminate on the basis of race, color, religion, national origin, sex, handicap or familial status") it will not be a violation. Advertisements containing descriptions of properties (apartment complex with chapel), or services (kosher meals available) do not of their face state a preference for persons likely to make use of those facilities, and are not violations. The use of secularized terms or symbols relating to religious holidays such as Santa Claus, Easter Bunny, or St. Valentine's Day images, or phrases such as "Merry Christmas,"Happy Easter," or the like does not constitute a violation.
   
   
3. Sex. Advertisements for single family dwellings or separate units in a multifamily dwelling should contain no explicit preference, limitation or discrimination based on sex. Use of the term master bedroom does not constitute a violation of either the sex discrimination provisions or the race discrimination provisions. Terms such as "mother-in-law suite" and "bachelor apartment" are commonly used as physical descriptions of housing units and do not violate the Act.
   
   
4. Handicap. Real estate advertisements should not contain explicit exclusions, limitations, or other indications of discrimination based on handicap (i.e., no wheelchairs). Advertisements containing descriptions of properties (great view, fourth floor walkup, walk-in closets), services or facilities (jogging trails), or neighborhoods (walk to bus stop) are not violations. Advertisements describing the conduct required of residents ("nonsmoking," "sober") are not violation. Advertisements containing descriptions of accessibility features are lawful (wheelchair ramp).
   
   
5. Familial status. Advertisements may not state an explicit preference, limitation or discrimination based on familial status. Advertisements may not contain limitations on the number or ages of children, or state a preference for adults, couples or singles. Advertisements describing the properties (two bedroom, cozy, family room), services and facilities (no bicycles allowed) or neighborhoods (quiet streets) are not facially discriminatory and are not violations. Does Your Listing Break the Law?

  The Fair Housing laws must be followed and that means Realtors must police their advertising and be sensitive to any possible violation. The HUD guidelines should be carefully reviewed and applied.

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