Some Thoughts on Advertising and Fair Housing

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Advertising your property is a good way to get apartments filled. But marketing a community can create a handful of fair housing challenges concerning the use of advertising.  First, remember that advertising is covered under the Fair Housing Act (FHA). When you advertise, do it in a way to reach as many demographic groups as possible. For example, when using people, be certain your advertising copy contains individuals of multiple races. Does that mean you cannot show a family of a single race in one shot? Of course not. But it does mean that management will want to avoid the situation of only having one race in all of your advertising photographs. I have no issue with you including shots of individuals, couples, and families.  In short, mix it up.

Particularly if your property is located in an area with a diverse mix of potential applicants, look to advertise (for example, local newspapers or radio stations that reach certain demographic groups) in places that have the chance to reach individuals of different backgrounds who might not see an ad in a traditional news outlet.

Next, I recommend avoiding using religious landmarks (such as churches, mosques, or synagogues) in your ad. Writing that your property is “near Christ the King Church” could be read as favoring one religion over another. If you want to use some type of landmark, try a park, a shopping center, or perhaps a local train/subway line. To be sure, you can absolutely note that the property is conveniently located near public transportation, shopping, and local schools.

If you decide to run a discounted rent special in an effort to drive new residents, remember to offer that incentive to everyone who applies during the time of the promotion. You could well need to speak with a lawyer like me if your leasing office picks and chooses which applicants get offered the promotion.

Finally, put the “Equal Housing Opportunity” logo on your ad. It is easy to find and is a best practice.

Just A Thought.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

© Fox Rothschild LLP

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