Fair Housing Word Checker for Listing Descriptions (Free, Based on HUD Guidance)

Q: Is "master bedroom" a fair housing violation?

Not under HUD's guidance. HUD's January 9, 1995 memorandum on advertising says use of the term master bedroom does not constitute a violation of either the sex discrimination provisions or the race discrimination provisions of the Fair Housing Act. Some MLSs and brokerages now prefer "primary bedroom" as a matter of their own style rules.

Q: Can a listing description say "walking distance to" or "walk-in closet"?

HUD's 1995 memorandum lists "walk-in closets", "fourth-floor walk-up", "great view", "jogging trails" and "walk to bus-stop" as descriptions of a property, its facilities or its neighborhood that do not violate the Act. What the memorandum says to avoid is an explicit exclusion such as "no wheelchairs".

Q: Can a listing say a home is for adults, couples or singles?

HUD's 1995 memorandum says advertisements may not contain limitations on the number or ages of children, or state a preference for adults, couples or singles. Describing the home itself ("two bedroom", "cozy", "family room") or the street ("quiet streets") is named in the same memorandum as not facially discriminatory.

What does the checker look for?

Section 804(c) of the Fair Housing Act makes it unlawful to publish an 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. HUD has published two documents that say what that means for the wording of an ad, and the checker is built only from those two:

HUD's memorandum of January 9, 1995, "Guidance Regarding Advertisements Under §804(c) of the Fair Housing Act." It gives examples of wording that creates liability and, just as usefully, wording that does not.
HUD's advertising guidelines, formerly 24 CFR 109.20, which list the words and phrases "most often used in residential real estate advertising to convey either overt or tacit discriminatory preferences or limitations." HUD took Part 109 out of the Code of Federal Regulations in 1996 when it removed non-binding guidance from its rules; the current regulation, 24 CFR 100.75, still points readers to it.

Matches come back in three groups:

Review first. An explicit exclusion or preference of the kind HUD's memorandum says an ad should not contain: "no children", "adults only", "Christian home", "no wheelchairs", "perfect for a young couple".
Check the context. A word from HUD's lists, or wording whose meaning depends on the facts: "exclusive community", "55+", "near St. Mark's Church". HUD's own test is whether discrimination is apparent "from the context of the usage".
Named as acceptable by HUD. Phrases agents are often told to avoid that HUD's memorandum specifically says do not violate the Act, such as "master bedroom", "walk-in closets", "family room" and "quiet streets".

What HUD's 1995 memorandum says, category by category

Category	HUD's examples of wording to avoid	HUD's examples that do not violate the Act
Race, color, national origin	Describing "the housing, the current or potential residents, or the neighbors or neighborhood in racial or ethnic terms (i.e., white family home, no Irish)"	"master bedroom, rare find, or desirable neighborhood"
Religion	"no Jews, Christian home". A legal name with a religious reference or a religious symbol, standing alone, "may indicate a religious preference" unless the ad carries a non-discrimination disclaimer	"apartment complex with chapel", "kosher meals available"; secular holiday phrases such as "Merry Christmas"
Sex	Any "explicit preference, limitation or discrimination based on sex" for a single-family home or a separate unit	"master bedroom", "mother-in-law suite", "bachelor apartment"
Handicap (disability)	"explicit exclusions, limitations, or other indications of discrimination based on handicap (i.e., no wheelchairs)"	"great view, fourth-floor walk-up, walk-in closets", "jogging trails", "walk to bus-stop", "non-smoking", "sober", "wheelchair ramp"
Familial status	"limitations on the number or ages of children", or "a preference for adults, couples or singles"	"two bedroom, cozy, family room", "no bicycles allowed", "quiet streets"

The pattern across all five: HUD treats a description of the property, its facilities, or the street as facially neutral, and treats wording about who should or should not live there as the problem.

What can't a word checker see?

Context. It can't tell "exclusive listing" from "exclusive neighborhood" with certainty, or know whether a community really qualifies as 55+ housing. That is why most matches say "check", not "remove".
Photos and people in them. HUD's memorandum says it "does not address fair housing issues associated with the publication of advertisements containing human models." Those are judged separately.
Where you advertise. 24 CFR 100.75 also covers choosing media or locations that deny parts of the market information about a listing. No word list catches that.
State, local and MLS rules. Many states and cities protect more classes than the federal Act does, such as source of income, marital status, age, or sexual orientation, and your MLS may have its own wording rules. This tool checks none of those.
Words HUD has not named. If a phrase isn't in either document, the checker stays silent about it. Silence is not approval.

Common questions

Is "master bedroom" a fair housing violation?

Not under HUD's guidance. The 1995 memorandum says use of the term master bedroom "does not constitute a violation of either the sex discrimination provisions or the race discrimination provisions." Some MLSs and brokerages now prefer "primary bedroom" as a matter of their own style rules.

Can a listing description say "walking distance to" or "walk-in closet"?

The memorandum lists "walk-in closets", "fourth-floor walk-up", "great view", "jogging trails" and "walk to bus-stop" as descriptions of a property, its facilities or its neighborhood that do not violate the Act. What it says to avoid is an explicit exclusion such as "no wheelchairs".

Can a listing say a home is for adults, couples or singles?

The memorandum says advertisements "may not contain limitations on the number or ages of children, or state a preference for adults, couples or singles." Describing the home itself ("two bedroom", "cozy", "family room") or the street ("quiet streets") is named in the same memorandum as not facially discriminatory.

Can I advertise a 55+ or senior community?

Only if the community actually qualifies as housing for older persons under the Act. HUD's guidelines do not restrict advertising for housing that meets that exemption, and the memorandum says an owner "may be held responsible for running an advertisement indicating an exclusion of families with children if his or her property does not meet the 'housing for older persons' exemption." Confirm the community's status with the association or your broker before you use age-restricted wording.

Does this checker tell me my listing is compliant?

No. It is a word screen, not a legal review. It matches your text against words and patterns that appear in two HUD documents and shows you the passage behind each match. Ask your broker or a fair housing attorney about anything you are unsure of.

Sources

Fair Housing Act §804(c), 42 U.S.C. 3604(c).
24 CFR 100.75, "Discriminatory advertisements, statements and notices" (current regulation).
U.S. Department of Housing and Urban Development, Roberta Achtenberg, Assistant Secretary for Fair Housing and Equal Opportunity, "Guidance Regarding Advertisements Under §804(c) of the Fair Housing Act," memorandum, January 9, 1995 (PDF copy).
Former 24 CFR Part 109, "Fair Housing Advertising," §109.20, 54 FR 3308 (January 23, 1989); removed from the Code of Federal Regulations by 61 FR 14378 (April 1, 1996). Reprinted in the Lexington-Fayette Urban County Human Rights Commission's Publisher's Guide to Fair Housing Advertising, Appendix I.

Fair Housing Word Checker for Listing Descriptions