The federal Fair Housing advertising rules come down to one law and one regulation. The Fair Housing Act bars any housing ad that indicates a preference, limitation or discrimination based on a protected trait, and HUD’s regulation spells out that this covers words, pictures and even where an ad is placed. Here is what each says, in plain words. This is general information, not legal advice: ask a lawyer about your own ads.
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The law: 42 U.S.C. 3604(c)
Section 3604(c) of the Fair Housing Act makes it unlawful “to make, print, or publish, or cause to be made, printed, or published any notice, statement, or advertisement, with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, religion, sex, handicap, familial status, or national origin”.
Two parts of that sentence matter most to real estate agents. First, “cause to be made”: an agent who has an agency or a printer produce the ad is still responsible for what it says. Second, “indicates”: the ad does not need to say “no” to anyone. Wording that signals who is welcome can be enough.
| Protected trait under 3604(c) | What to keep out of an ad |
|---|---|
| Race, color, national origin | Any word or picture suggesting who should live there |
| Religion | Describing a home by the faith of the neighborhood |
| Sex | Aiming a listing at one sex |
| Handicap | Wording that discourages buyers with a disability |
| Familial status | Wording that signals children are or are not welcome |
The regulation: 24 CFR 100.75
HUD’s regulation fills in the detail. Section 100.75(b) says the rule applies to “all written or oral notices or statements”, so a spoken line in a video counts as much as printed copy. Section 100.75(c) then lists examples of what is unlawful. Two of them shape modern advertising:
- Words and images, (c)(1): “Using words, phrases, photographs, illustrations, symbols or forms which convey that dwellings are available or not available to a particular group of persons.” The people shown in a brochure or a social ad are part of the message.
- Media and locations, (c)(3): “Selecting media or locations for advertising the sale or rental of dwellings which deny particular segments of the housing market information about housing opportunities” on protected grounds. Where the ad runs, and who it is shown to, matter as much as what it says.
That second example is why ad targeting is a Fair Housing question and not only a marketing one.
What the platforms do about it
Facebook and Instagram housing ads have limited targeting options because of a 2022 federal fair housing settlement. According to the Justice Department, Meta stopped using its “Special Ad Audience” tool for housing ads, developed a new system called the Variance Reduction System, agreed that it “will not provide any ad targeting options for housing advertisers that directly describe or relate to FHA-protected characteristics”, and paid a civil penalty of $115,054.
Google treats housing as an “access to opportunities” category in the US and Canada. Google does not let housing ads target by age, gender, marital or parental status, or ZIP code in the US. Agents can target cities or a radius, and a radius must be at least 1 km around a location. The guides on Facebook lead ads for real estate and real estate PPC advertising show how a campaign works inside those limits.
The poster and the slogan
HUD’s fair housing poster rule, 24 CFR 110.25, sets out a poster bearing the legend “EQUAL HOUSING OPPORTUNITY” and the line “We do Business in Accordance With the Fair Housing Act”. The poster rule is written for offices. Many agents also put the Equal Housing Opportunity words or logo on their ads, which is a common practice; this site has not found a federal rule that requires it in every ad, so check your brokerage and your state’s real estate license rules on advertising, which also apply.
A short check before any ad goes out
Fair Housing check
Read the ad aloud and ask: does any word describe people rather than the home or the place? Do the photos suggest who should live there? Was the area, list or audience chosen by geography and by what people did, not by who they are? If an answer worries you, rewrite or ask a lawyer before it runs.
- Describe the home: rooms, features, finishes, the lot, the light.
- Describe the place by things anyone can use: parks, the main street, transit, the library.
- Choose farm areas, mailing lists and ad audiences by geography and behavior, never by protected traits.
- Use people in photos only where they really were, and never to signal who belongs.
- Keep a copy of each ad and where it ran.
The same check applies to postcards, which is covered in the guide to real estate mailers, and to choosing a farm area, covered in real estate farming. For ad ideas that already pass the check, read real estate ad ideas.
Texts and calls are a separate rule
Follow-up is not covered by the Fair Housing Act but has rules of its own. Automated calls and texts to leads need the right written consent; check with a lawyer before you set up any automated follow-up.
Want your ads planned with these rules in mind from the start? Send the form and an independent agency can reply with a written plan.
Questions agents ask
What does the Fair Housing Act say about advertising?
Section 3604(c) makes it unlawful to publish a housing ad that indicates any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin.
Does the rule cover photos and ad targeting?
Yes. HUD’s rule at 24 CFR 100.75 covers words, photographs and symbols, and choosing media or locations in a way that denies parts of the housing market information on protected grounds.
Do I have to put the Equal Housing Opportunity logo on every ad?
The federal poster rule is written for offices, and this site has not found a federal rule requiring the logo in every ad. Many agents use it. Check your brokerage and your state’s license rules.
Why can’t I target by age or ZIP code on Google?
Google does not let housing ads target by age, gender, marital or parental status, or ZIP code in the US. Cities and a radius are allowed.
Is this legal advice?
No. It is general information from the law and HUD’s rule. Ask a lawyer about your own ads.