Use cases

Check listing copy for fair housing problems (US)

US rules. Reads each sale or rental listing for a stated or implied preference by a protected class, and for claims needing proof. A person decides.

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Example · A rental ad that limits children, names a religion and refuses vouchers

Listing type (sale or rental): Rental

Listing or ad text

Sunny two-bedroom, one-bath apartment on the second floor of a well-kept owner-occupied two-family on Juniper Street, in a quiet Christian neighborhood two blocks from St. Anne's and a short walk to the Eastbank commuter rail station. Ideal for a mature professional couple. The owners live downstairs and the building is very quiet, so no children please. Approx. 950 sq ft with hardwood floors throughout, a renovated kitchen with new stainless appliances, and in-unit washer and dryer. Second-floor walk-up with a private rear porch and one off-street parking space. Basement storage included. The basement has never flooded. Tenant pays electric and gas; heat and water included. No smoking. No Section 8. Available November 1. First month, last month and security deposit due at signing. Contact Lorna Pratt at Birchway Realty to arrange a showing.
  1. Is the text a property listing or housing ad written for the public?Yes98%
  2. Does the listing state or suggest who should or should not live there by family make-up, such as no children, adults only or couples?Yes99%
  3. Does the listing describe the property or area by the religion of its residents, or suggest a religious group is preferred?Yes96%
  4. Does the listing suggest people with a disability are unwelcome or limited?No88%
  5. Does the listing suggest a preference by race, color or national origin?No81%
  6. Does the listing suggest a preference by sex or by a class our policy adds, such as source of income, age or marital status?Yes98%
  7. Does the listing describe the ideal person to live there instead of the property?Yes97%
  8. Does the listing state a fact that buyers or renters would rely on and the agent must be able to prove?Yes98%
  9. What should happen to this listing copy before it goes live?Compliance review92%

These are real answers stored from one run on this example.

The prism behind it

Check listing copy for fair housing problems (US)9 questions

Fields

  • Listing type (sale or rental)
  • Listing or ad text

Context

These are property listings and rental ads written by agents at Birchway Realty, a US real estate brokerage, checked when the agent presses publish, before they reach our website, the MLS and the listing portals. Clean copy is published. Copy with a likely problem goes back to the agent to edit, or to our compliance officer. Federal rule: the Fair Housing Act (42 U.S.C. 3604(c)) and HUD's rule at 24 CFR 100.75 make it unlawful to publish any notice, statement or advertisement for the sale or rental of a dwelling that indicates any preference, limitation or discrimination because of race, color, religion, sex, handicap (disability), familial status or national origin. Familial status means households with children under 18, including people who are pregnant or securing custody. Housing for older persons that qualifies under the Act (42 U.S.C. 3607(b)) may say so, for example "55 and older community". The exemptions for owner-occupied buildings of up to four units and for some private sellers (42 U.S.C. 3603(b)) do not extend to advertising: the ad rule applies to them too. Our policy adds these classes, which a number of states and cities also protect: source of income, including housing vouchers such as Section 8; age; marital status; sexual orientation; gender identity; and military or veteran status. How we read copy: - Describe the property, not the people who should live there. "Two bedrooms, fenced yard, second floor" is fine. "Perfect for a young couple" or "ideal for a single professional" is not. - A place used as a landmark or an address, such as "two blocks from St. Anne's" or "near the Eastbank synagogue", is not a preference on its own. Describing a neighborhood or building by the religion, race or origin of the people who live there is. - Describing accessible features ("step-free entry", "elevator") and the property's layout ("third-floor walk-up") is fine. Saying who can or cannot live there because of a disability ("must be able to climb stairs", "no wheelchairs") is not. - Facts buyers and renters rely on (floor area, flood history, lot size, zoning or permits, school assignment, rental income) must be ones the agent can prove. Code compares floor areas with the measured plans. These answers flag copy for a person. They are not legal advice and never decide that a listing complies with fair housing law. Photos are checked separately.

Questions

  1. Is the text a property listing or housing ad written for the public? Yes / No

    Count a sale listing, a rental ad, and a description for a portal, a flyer or a sign. Yes: The text is a listing or housing ad for the public. No: The text is an internal note, an empty template, a placeholder or something other than a housing ad.

  2. Does the listing state or suggest who should or should not live there by family make-up, such as no children, adults only or couples? Yes / No

    Count "no kids", "adults only", "perfect for a couple", "empty nesters", "not suitable for children", "quiet building, no families", and limits on the number of children. Housing for older persons stated as such, such as "55 and older community", does not count. Describing the property ("three bedrooms", "fenced yard") does not count. Yes: The listing states or suggests a preference or a limit by family make-up. No: The listing states or suggests no such preference.

  3. Does the listing describe the property or area by the religion of its residents, or suggest a religious group is preferred? Yes / No

    Count "Christian neighborhood", "Jewish area", "perfect for a church family" and similar. A place of worship named only as a landmark or an address does not count. Yes: The listing describes residents by religion or suggests a religious preference. No: The listing does neither.

  4. Does the listing suggest people with a disability are unwelcome or limited? Yes / No

    Count "must be able to climb stairs", "no wheelchairs", "able-bodied only", "no service animals", and limits on who may live there because of a physical or mental condition. Describing accessible features, or the layout of the property, does not count. Yes: The listing suggests people with a disability are unwelcome or limited. No: The listing suggests nothing of the kind.

  5. Does the listing suggest a preference by race, color or national origin? Yes / No

    Count descriptions of a neighborhood or building by the race, color, ethnic group or national origin of its residents, words that code for them, and requirements such as "English speakers only" or "must be a citizen". Yes: The listing suggests such a preference. No: The listing suggests none.

  6. Does the listing suggest a preference by sex or by a class our policy adds, such as source of income, age or marital status? Yes / No

    Use the classes in the context. Count "female tenants only", "ideal for a gentleman", "no Section 8", "no vouchers", "no government assistance", "married couples preferred", "no students" and similar. A roommate listing is judged the same way. Yes: The listing suggests a preference or a limit by sex or by a class in our policy. No: The listing suggests none.

  7. Does the listing describe the ideal person to live there instead of the property? Yes / No

    Count "ideal for young professionals", "perfect for a mature couple", "great for a first family" and similar descriptions of the buyer or tenant, whether or not they name a protected class. Yes: The listing describes the kind of person who should live there. No: The listing describes only the property and the area.

  8. Does the listing state a fact that buyers or renters would rely on and the agent must be able to prove? Yes / No

    Count floor area, lot size, "never floods" or "no flood risk", zoning or permit status, school assignment, rental income or yield, and the age of major systems such as the roof. Opinions such as "charming" or "bright" do not count. Yes: The listing states at least one such fact. No: The listing states no such fact.

  9. What should happen to this listing copy before it goes live? Choice

    Judge the copy as a whole against the context. Any likely preference for or against a protected class goes to compliance, even when the agent could reword it.

    • Ready to publish Describes the property and area only, with no preference and no fact that needs checking.
    • Back to the agent to edit No likely preference for or against a protected class, but it describes the ideal occupant or states a fact the agent must be able to prove.
    • Compliance review States or suggests a preference or a limit by a protected class, or is close enough that the compliance officer should decide.

Lens columns

is_listing, is_listing_probability, familial_status_preference, familial_status_preference_probability, religion_preference, religion_preference_probability, disability_preference, disability_preference_probability, race_origin_preference, race_origin_preference_probability, other_class_preference, other_class_preference_probability, describes_occupant, describes_occupant_probability, fact_needs_proof, fact_needs_proof_probability, publish_decision, publish_decision_probability

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