If You Advertise Housing Online,
You Must Know Your Fair Housing Obligations
Do you advertise your property vacancies and sales online on websites like Craigslist, Facebook, Rent.com, your company's website, or phone apps? If so, you should...
1. Know what is prohibited from being posted in your online ads and social media accounts.
Although advertising properties is a common practice, the increasing ease and popularity of online advertising and social media, as well as its wide audience, means that you should be aware of your fair housing obligations. Making discriminatory advertisements or statements online may result in legal liability and monetary damages, even if you did not intend to discriminate.
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Do:
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State the price, location, features, and amenities of your properties.
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List qualifications that all tenants must meet.
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Let potential tenants know that you will accept assistance animals, even if you don't allow pets.
Do not:
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Discriminate against, prefer, or limit prospective tenants or buyers based on characteristics like their:
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Race, color, or national origin/ancestry - You cannot only accept US issued identification
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Gender identity/expression
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Sexual orientation
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Disability
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Religion
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Sex Familial status (families with children under 18)
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Marital Status (single, married, divorced, widowed, etc.)
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Source of income - You cannot require employment income over benefits or other types of income​
For example, the following advertisements are illegal:
$3300 / 3br - 1734ft' - 3B2.5B Furnished House 95122
Available in Dec. (san jose south) - Employment verification will be done prior to signing lease contract.
Discrimination based on source of income
Other advertisement description examples that are illegal:
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"Tech workers preferred."
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"Independent living unit."
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"Perfect for 2 adults."
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"Couples preferred."
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"Looking for female tenants."
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"English speakers only, please."
Other Examples of Advertising Description "Dos" and "Donts"
Do:​
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"Tenant must have a monthly income of three times the rent."
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"No pets. Exceptions will be made for disability assistance animals."
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"Small 1 bedroom unit, only 450 square feet."
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"Come visit us and see all we have to offer!"
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"Cosigners allowed."
Don't:
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"Tenant must be employed."
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"No pets. No exceptions."
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"Small unit, perfect for a single person."
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"No yard for children to play."
"Cosigners for students only."
2. Train staff who manage your online presence.
Make sure marketing and other staff who handle your on line advertising, website, and social media know the law.​
3. Oversee your online presence to ensure third parties comply with fair housing laws.
If you exercise editorial control over content, you may be responsible for discriminatory or harassing comments made by third parties on your website or social media pages.
Contact Project Sentinel for Assistance
​Project Sentinel is a nonprofit fair housing agency that provides education and counseling to community members, housing providers, and tenants about the fair housing laws. We also investigate complaints and advocate for those who have experienced housing discrimination.
We can help you comply with fair housing laws in your online advertisements.
Project Sentinel offers free fair housing consultations to housing providers who have questions about how to comply with the law, including questions about whether an advertisement is discriminatory.
For those who want more comprehensive training, Project Sentinel is also available to conduct fair housing workshops for groups of property owners, managers and staff (fee may apply).
Know Your Rights
Under federal and state Fair Housing laws, it is illegal for anyone involved
with the sale or rental of housing including owners, property managers and staff, real estate agents, HOAs, shelters, banks, and mobile home parks to:
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refuse to rent or sell a home
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charge higher rent or security deposit
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steer people to or from homes in certain neighborhoods or buildings
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evict a tenant
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apply different rules or criteria, or otherwise
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treat people differently
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harass or threaten a housing seeker, their friends, and family members
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...because of one of the following protected characteristics:
Federally Protected Classes:
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Race
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Color
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National origin
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Religion
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Sex
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Disability
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Familial status*
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California protects all the same federal classes but offers additional classes of protection.
California Protected Classes:
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Veteran or Military Status
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Ancestry
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Gender Identity & Expression
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Source of Income**
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Sexual Orientation
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Marital Status
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Immigration Status
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Primary Language
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Citizenship
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Arbitrary Characteristics​ (that have no relation to one's ability to be a good tenant.)
*Family with children under the age of 18
**Section 8/ Federal, State, or Local Public Assistance & Housing Subsidies