Can a real estate ad mention a protected class?
QUESTION: I recently saw an advertisement for homes in a new development listed with another REALTOR® that concerns me. The ad said “Members of the LGBTQ Community welcome.” I thought it was unethical and perhaps illegal to mention protected characteristics of prospective home buyers in a real estate advertisement. Do you think the other REALTOR®’s ad is a problem?
ANSWER: As a general rule it’s a good idea to avoid references to characteristics protected under the Fair Housing laws or the REALTOR® Code of Ethics in advertisements of real estate for sale or lease. Standard of Practice 10-3 of the Code of Ethics states that “REALTORS® shall not print, display or circulate any statement or advertisement with respect to selling or renting of a property that indicates any preference, limitations or discrimination based on race, color, religion, sex, handicap, familial status, national origin, sexual orientation, or gender identity.” A direct or indirect reference to a protected characteristic in an ad raises concerns that the seller, landlord, or their agent may be discriminating either in favor of or against persons possessing that characteristic.
However, an advertisement indicating that persons with specific characteristics are “welcome” does not necessarily mean that the seller is expressing a preference for buyers possessing those characteristics or discriminating against buyers who do not possess those characteristics. The statement in the ad in question may simply be an expression of respect for and encouragement to members of the LGBTQ community. On the other hand, if the advertisement is intended to express the seller’s preference for buyers who are members of the LGBTQ community, that would be problematic. In order to clarify that the ad is not intended to signal a preference for buyers who are members of the LGBTQ community, it would be a good idea for the ad to include the Fair Housing logo as well as an express statement that the seller does not discriminate with respect to race, color, religion, sex, handicap, familial status, national origin, sexual orientation, or gender identity.
This article is intended solely for the benefit of NC REALTORS® members, who may reproduce and distribute it to other NC REALTORS® members and their clients, provided it is reproduced in its entirety without any change to its format or content, including disclaimer and copyright notice, and provided that any such reproduction is not intended for monetary gain. Any unauthorized reproduction, use or distribution is prohibited.