In 1968 the Fair Housing Law was passed in order to protect the buyer or renter of a dwelling from discrimination from the seller or landlord. The Fair Housing Act is Title VIII of the Civil Rights Act of 1968 and banned discrimination against individuals in housing activities including:
- Home buying
- Renting
- Segregating (AKA 'Limit living privileges')
- Bullying
- Exclusionary Marketing
Despite the penalties surrounding denying housing to individuals based on criteria such as color, age, sexual orientation, nationality or family status, housing discrimination still exists.
Recent Cases of Housing Discrimination
Two cases of the illegal activity were reported out of Chicago, Illinois in 2010. Although one property needed a jumbo loan to finance and the other was an affordable rental, the discriminatory acts were equally distasteful. Home buyers George Willborn and his wife, Peytyn Willborn had the winning bid on a luxury property in town but the seller (Sabbias) refused to sign the sales paperwork once they saw the couple was black (Fox Chicago).
Another local case involves a rental property. Rose Montgomery, her husband and four boys were initially approved for a program called "Show Homes Program," where they would be able to temporarily rent luxury accommodations until the owner was able to sell their home. Once the landlord met the family face to face, the clan was rejected because of the kids.
What is Exclusionary Marketing?
Selling a home is much easier when individuals take the time to price a home fairly, stage it well and market it the right way (Sell Your Home With PMS, MortgageMarvel.com). When it comes to the latter, it is crucial that the message sent does not contain any hidden code meant to scare off or discourage people for any type of prejudice, whatsoever.
Aside from laying down the law in regards to the illegal nature of bigotry in the housing market, the Fair Housing Act helped generate a list of "perilous words and phrases" that should not be used in marketing material because of the exclusionary tone expressed (New York Times). In conjunction to those words, brokerages and newspaper classified-advertising departments reject advertisements that included exclusionary marketing terms in their context.
The informal list is constantly revised and edited to keep up with contemporary language changes. The New York Times (2011) reports individuals looking to compose a winning home description should avoid the following language or risk the legal consequences associated with their word choice any reference to religion including (but not limited to):
- Religion: Mormon temple, shrine, church near, etc.
- Ethnicity or color: African, English only, white, traditional neighborhood, etc.
- Alluding to disability or state of health: Crippled, aids, retarded, handicapped, wheelchairs, healthy, able bodied, alchoholics, etc.
- Family Size or Style: Family, play area, newlyweds, one child, couples only, empty nesters, perfect for shares or families, etc.
- Income or Privilege: Restricted, country club, executive building, employed, Section 8, sophisticated, etc.
- Gender Specific Language: Fisherman’s retreat, man, woman, transgender, etc.
It is important to note that certain language has been deemed acceptable and can be included in marketing material. Terms including verifiable income, non-smoking (or smoking), single family home, traditional style, great for families, mother-in-law apartment (as it describes size and layout) and handicap accessible are typically considered standard and acceptable language.
How To Write a Winning Home Listing
Focusing on what cannot be written will still leave plenty of word choices for what can and should be included in a home's listing. Landlords and home sellers should concentrate their energies on utilizing helpful adjectives to describe the property such as square footage, number of bedrooms and bathrooms, new renovations, appliance brands or styles, views, sales transaction (IE private seller, real estate owned, short sale, etc.) and design features.
If you are a home buyer who recently found a home perfect for your needs, locating a mortgage is easier on Mortgage Marvel. Mortgage Marvel, the industry's premiere mortgage rate origination tool, has been deemed the "better mortgage rate finder" as consumers can quickly locate the mortgage information they need, without having to enter any personal information about themselves. Our rate tool will find local home mortgage opportunities based solely on zip code information, ensuring that we fully comply with the anti-discriminatory practices outlined through the entire Fair Housing Act.
