Contemporary Information Corp – Legal Housing Rental Advertising
Residential rental property owners have a mission to make quick decisions on tenant applications to fill new vacancies while still taking time to educate themselves on red flags that may indicate an unsafe or unreliable tenant. In addition, they must provide information on units in their properties that is accurate, transparent, and legal. Fulfilling these requirements benefits from the assistance of a trusted screening-services provider such as Contemporary Information Corp (CIC).
In the advertising sphere, landlords should be aware that fair housing law risk does not begin with applications received but with the rental advertisement or notice and with messages, comments, and texts sent out to potential tenants in response to enquiries. This is codified in Section 804(c) of the Fair Housing Act (FHA).
Compliance spans a wider range of communications than many landlords are aware of and extends not only to website listings but to descriptions on Realtor.com, Zillow, and Facebook Marketplace. This also includes verbal comments made at showings and open houses. The law applies the “ordinary reader” standard: whether a reasonable person would interpret the language as discriminatory, expressing a preference for one type of applicant over another (within a protected class).
The latter includes those with mental or physical disabilities, families with children, and those of a specific ethnicity or national origin. Examples of problematic language may seem innocuous to the casual reader. For example, “Ideal for a single professional” implies that the ideal tenant is a single occupant with a certain occupation, with even an age preference subtly implied. It is permissible to say something like “Studio layout, with floor plan efficient for one occupant.”
“Quiet building, no kids” is similarly problematic, as it directly implies familial status discrimination, which is prohibited under FHA law. It’s preferable to focus on the rules or terms of the living arrangement, as with “Quiet hours enforced, as per lease terms.” Similarly, “Mature tenants preferred” contravenes laws preventing signaling preference for people of specific familial status or of a certain age.
It’s critical to describe not resident type but property rules. After all, tenants of any age or background may fall within the “quiet” category, and many families with children abide by and prefer a quiet environment themselves.
One other example of problematic language is “No emotional support animals (ESAs) allowed.” Assistance animals are not considered pets under federal law, and such a statement is non-compliant with FHA statutes. It’s important, if such an issue is even alluded to, to use broad and inclusive language such as “Discuss further accommodation requests.”
It is generally fine to employ statements such as “Smaller dogs only,” “No pets allowed,” or “Pet deposit required,” as it’s clear that this does not refer to ESAs. Tenants who do request an assistance animal accommodation may legally trigger a landlord request for licensed healthcare provider documentation. This confirms that the animal provides its owner with a therapeutic benefit, related to mental or physical disability. With a ready resource such as Contemporary Information Corp at hand, property owners and managerscan make application decisions that are compliant and fair, and yield safe, reliable tenants.