From time to time cases arrive which provide clear guidance about what to do (or perhaps what not to do) when advertising multifamily housing. To that end, earlier this month, the U.S. Department of Housing & Urban Development (HUD) filed a familial status housing discrimination charge against a property manager in New Orleans based on an advertisement. The ad, which was found by a local fair housing advocacy group, included language which stated: “No Teenagers Please.”

As written in this space many times, our Fair Housing Act (FHA) includes protections for families with children under the age of 18. Unless the property is one that qualifies as housing for older persons under the FHA, the law is clear that statements seeking to exclude children under the age of 18 violate the statute.

Now, it could well be that the property manager had a benign reason for not wanting kids in the community. I have seen circumstances where management believes parking lots are dangerous. Or when a property is located next to a busy street. Good intentions, but those intentions can lead to a complaint.  Just know that a leasing office will subject the property to scrutiny with a general ad which purports to exclude children under the age of 18. Please understand that fair housing advocacy and tester groups are searching the internet (as well as traditional newspapers and apartment guides) looking for advertising that violates the law.

If you have a reason for not wanting teenagers, you should really speak with a lawyer like me to discuss the application of the FHA and state law.

Just A Thought.

There are many local jurisdictions around the country which have adopted what are referred to as a Breed Specific Law (BSL). As might be expected from its name, a BSL prohibits certain dog breeds (and/or breed mixes) from residing in a given city or county. BSL’s are passed in an effort to control what are perceived to be dangerous animals. The BSL’s typically fine those animal owners who violate the local ordinance. To be sure, in every jurisdiction that has such a law, I guarantee you there is a dog lovers or animal rights group pushing to repeal the BSL because those groups believe it unfair and wrong to single out specific breeds or breed mixes – but that is a blog post for another day.

The issue that hits my desk, however, is what happens if an assistance animal is one of those restricted breeds? The federal Fair Housing Act and its implementing guidance are clear that breed, size, and weight limits do not apply for assistance animals. As such, which law controls? The local city or county code which prohibits certain breeds or the federal guidance which permits them?

In my experience, if a service or emotional support animal has been approved as a reasonable accommodation because of a disability, management runs a real risk if it rejects the assistance animal because of a local BSL. Remember, an assistance animal is not a pet – and those local BSL’s were designed to control pets. I know that may sound harsh, but it would be exceedingly risky to use that local code as a legal defense to a discrimination complaint given what HUD has published on this topic.

Now, make no mistake, assistance animals cannot be a direct threat to the health or safety of others. If management has documented proof that an animal (whether a restricted breed or otherwise) is a legitimate threat to other residents, employees, or to the property itself, that animal may be barred from the community. But professional apartment management risks scrutiny if we use generalized prohibitions on certain breeds to deny an otherwise appropriately verified service or emotional support animal.

Just A Thought.

Last month, the U.S. Department of Housing & Urban Development (HUD) filed a fair housing complaint against Facebook. Facebook? What does Facebook have to do with housing discrimination and the Fair Housing Act (FHA)? Well, with its complaint, HUD asserts that Facebook allows property managers and home sellers to use its advertising platform in such a manner as to promote housing discrimination. Here’s how:

HUD claims Facebook “enables advertisers to control which users receive housing-related ads” based upon the recipient’s membership in a protected class. HUD further argues that Facebook essentially invites advertisers to “express unlawful preferences” in violation of federal law.

HUD provided certain examples of what it claims violates the FHA in this context. To the extent your company engages in targeted adverting, here are some thoughts (according to HUD) you might want to avoid:

*running housing advertisements to only men;

*running housing advertisements to only women;

*excluding advertisements to individuals looking for “assistance animals” or “mobility scooters”;

*excluding “child care” or “parenting” concerns in your advertising;

*either running or excluding advertising to individuals Facebook has identified as interested in a particular religion or faith;

*either running or excluding advertising to individuals Facebook has identified as from another country or a different part of the world; and/or

*drawing what is known as a “red line” around certain zip codes and then have Facebook not display ads to users who live there.

Does this mean housing providers cannot or should not run targeted advertising as you seek to find renters? Of course not. But if you choose to target your advertising, design the campaign to help ensure you do not exclude potential renters based on their membership in one or more protected classes. If you have questions about targeted advertising, you might want to speak with a lawyer like me or risk a Facebook-type complaint filed by HUD.

Just A Thought.