Fair housing words to avoid in listings, and the ones that are fine

What HUD actually says (the 1995 advertising memo)

The most-cited source is a memo from Roberta Achtenberg, HUD's Assistant Secretary for Fair Housing, dated 9 January 1995: Guidance Regarding Advertisements Under §804(c) of the Fair Housing Act. It was written to stop complaints over ordinary words, so it lists both sides, using HUD's own examples:

Is it still current? In 2026 HUD published two notices withdrawing 21 fair housing guidance documents, effective September 2025 (FHEO notice, General Counsel notice). Two of those matter for listings:

• The April 2024 guidance on advertising through digital platforms (ad targeting and delivery) is withdrawn.
• The 2021 guidance applying Bostock to the Fair Housing Act (treating sexual orientation and gender identity as sex discrimination) is withdrawn. Federally, that question is now unsettled.

The 1995 memo is on neither list. The statute itself hasn't changed, and HUD's withdrawals don't touch state and local laws. Many of those protect sexual orientation, gender identity, source of income, age, marital status, military status and more. Write to the strictest law that covers the property.

An older source still shapes the "banned words" lists: HUD's 1989 advertising guidelines (24 CFR Part 109). HUD removed them from the regulations in 1996 but has said it still treats their content as guidance. They warned against "catch words" such as restricted, exclusive, private, integrated, traditional, board approval when used in a discriminatory context.

Phrases to avoid, and what to write instead

"Avoid" means the phrase states a preference about people. "Review" means it depends on context or on your state's law. The rewrites keep the selling point and drop the person.

Fine to use (HUD names them or near-identical phrases)

Family room · two bedroom · cozy · master bedroom (or primary bedroom, if your MLS prefers it) · mother-in-law suite · walk-in closets · great view · fourth-floor walk-up · walk to the bus stop · walking distance to the park · jogging trails · quiet street · desirable neighborhood · rare find · non-smoking · wheelchair ramp · apartment complex with chapel · Merry Christmas.

The gray areas agents actually ask about

Real ads that fair housing groups flagged

A National Fair Housing Alliance investigation found more than 7,500 discriminatory ads on websites in 2008. Its published examples show how innocent the problem usually sounds:

• "Looking for responsible adults to enjoy home"
• "Couples over 55 preferred"
• "Ideal for 1-2 adults"
• "Looking for 1-2 quiet adults"
• "Prefer quiet, respectful professional"
• "Mature couple or single with no children"

None of them mentions race or uses an aggressive word. Each describes the person the writer wanted. That's the pattern to check for.

It's not only words

• Photos and models. The 1995 memo deliberately left out human models. Brokerage policies usually cover them: if your marketing shows people, show a range of people across your materials, or show the property only.
• Who sees the ad. Choosing an online audience by protected traits, or by obvious proxies such as ZIP codes picked for their demographics, falls under the same ban. HUD withdrew its 2024 digital-advertising guidance, but the statute still applies. In 2022 the Justice Department settled with Meta over how housing ads were delivered.
• What you say off the page. The same rule covers emails, texts, open-house talk and answers to "what are the neighbors like?" Answer with facts about the property and point buyers to public sources.
• Your MLS and brokerage. Many MLSs have their own word rules, and they're often stricter than the law. Check them as well.

Free listing wording checker

Copy-paste prompt for ChatGPT, Gemini or Claude

For a check that reads context, paste this into any AI chat with your listing at the end. Leave out seller names and anything that isn't already public.

You are reviewing a US real estate listing for fair housing wording.
Rules:
1. Flag anything that describes the buyer, tenant, residents or neighbors
   instead of the property: family status, age, sex, race, color, national
   origin, religion, disability. Include soft versions ("perfect for a young
   family", "ideal for empty nesters", "quiet adults").
2. Flag HUD "catch words" used about the area: exclusive, restricted,
   private, integrated, traditional.
3. Flag subjective area claims (safe, low crime, best schools) as steering risk.
4. Flag "no Section 8 / vouchers" and note it's illegal where source of
   income is protected. My state/city: [STATE, CITY].
5. Do NOT flag property descriptions HUD treats as fine: family room,
   master/primary bedroom, mother-in-law suite, walk-in closets, great view,
   walk-up, walking distance, quiet street, non-smoking.
For each flag give: the exact phrase, the reason, and a rewrite that keeps
the selling point by describing a feature. Then give the full revised
listing. Keep every fact I gave; don't invent features.

Listing:
[PASTE LISTING]

The AI's answer is a first pass. You, your broker and your MLS rules have the final say.

FAQ