The ad speaks for the advertiser
42 U.S.C. 3604(c) makes it unlawful to make, print, or publish any notice, statement, or advertisement indicating a preference, limitation, or discrimination based on a protected class. Intent is not the test; what the wording indicates to an ordinary reader is.
Words to never use, and words that are safe
HUD's advertising guidance puts "no children," "adults only," and "mature persons" on the never-use list, because each indicates a limitation based on familial status. "Ideal for mature adults, no children" combines two and is a plain 3604(c) violation.
Acceptable phrasing describes the dwelling rather than the people:
- Master bedroom and walk-in closet describe the property itself.
- Near St. Mary's Church is acceptable when the landmark is purely a geographic reference point, as is quiet neighborhood.
- Wheelchair accessible and no smoking are acceptable, since an accessibility feature and a smoking policy convey no protected-class preference.
Targeted digital delivery
Choosing who sees an ad can violate the Act just as the words can. 24 CFR 100.75(c) prohibits selecting advertising media or locations that deny particular segments of the housing market information about housing opportunities.
A brokerage that geofences a social media housing ad to exclude ZIP codes with high minority populations implicates 100.75(c). That was the theory behind HUD's 2019 charge against Facebook and the 2022 DOJ settlement with Meta.
The Equal Housing Opportunity logotype
The HUD guidance table at 24 CFR Part 109, App. I, Table II keys logotype size to ad size:
- 4 column inches up to 1/8 page: 1/2 inch by 1/2 inch
- 1/8 page up to 1/2 page: 1 inch by 1 inch — this covers a quarter-page display ad
- 1/2 page or larger, or publications of four or more pages: 2 inch by 2 inch
It must also be at least as large as the largest other logo in the ad. Ads smaller than 4 column inches may use the slogan alone, the only relief the table gives.