The rule: describe the home, not who should live there
"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, or an intention to make any such preference, limitation, or discrimination." (42 U.S.C. § 3604(c))
HUD's rule says this covers "words, phrases, photographs, illustrations, symbols or forms" (24 CFR 100.75(c)(1)). It covers flyers, signs, applications and spoken statements too (100.75(b)).
No exemption covers the ad. An owner renting a unit in a fourplex they live in, or selling their own house without an agent, may be exempt from most of the Act, but not from § 3604(c) (42 U.S.C. § 3603(b)).
The test that works: does the phrase describe the property, its features, or the rules of the building? Or does it describe the kind of person you want?
Fair housing advertising word and phrase list
These examples come from HUD's 1995 advertising memo, written to tell HUD staff which ad complaints to file (HUD memo, archived copy). Its status is unclear: HUD's copy is gone from HUD.gov, but the memo is on neither of HUD's 2026 withdrawal lists (FHEO, April 6, 2026; OGC, July 17, 2026). Read it as how HUD has applied the law, not a safe harbor.
| Protected class | Avoid (HUD's examples) | Fine (HUD's examples) |
|---|---|---|
| Race, color, national origin | "white family home," "no Irish" | "master bedroom," "rare find," "desirable neighborhood" |
| Religion | "no Jews," "Christian home" | "apartment complex with chapel," "kosher meals available," "Merry Christmas" |
| Sex | An explicit preference based on sex | "master bedroom," "mother-in-law suite," "bachelor apartment" |
| Disability | "no wheelchairs" | "great view," "fourth-floor walk-up," "walk-in closets," "walk to bus-stop," "non-smoking," "sober," "wheelchair ramp" |
| Familial status | Limits on the number or ages of children; a preference for "adults, couples or singles" | "two bedroom," "cozy," "family room," "no bicycles allowed," "quiet streets" |
Two details from the same memo:
- Religious names and symbols. A religious name or symbol "standing alone, may indicate a religious preference." Adding a nondiscrimination statement removes the problem (HUD memo).
- Who the neighbors are. Describing "the current or potential residents, or the neighbors or neighborhood in racial or ethnic terms" creates liability (HUD memo).
Photos and models
The rule covers photographs and illustrations (24 CFR 100.75(c)(1)). HUD's 1995 memo explicitly does not address ads with human models. The same test applies to images as to words: show the property.
When an ad can mention age
Housing for older persons may advertise as such. The Act's familial status rules don't apply to housing that qualifies, which includes housing "intended for, and solely occupied by, persons 62 years of age or older," or 55-and-over housing where at least 80% of occupied units have one resident 55 or older and the community meets HUD's other conditions (42 U.S.C. § 3607(b)). If the property doesn't qualify, HUD's memo is clear that an ad may not "state a preference for adults, couples or singles" (HUD memo).
Digital ads and targeting
The ad's audience matters, not just its words. HUD's rule lists "selecting media or locations for advertising" that deny housing information to people because of a protected class (24 CFR 100.75(c)(3)).
HUD withdrew its April 2024 guidance on ads through digital platforms, effective September 17, 2025. The withdrawal notice adds:
"Any actions that do not comply with the text of the Fair Housing Act continue to be subject to enforcement by the Department." (HUD, Federal Register, April 6, 2026)
The same notice says people can still sue in federal or state court within two years. On Facebook and Instagram, housing ads run in a special ad category with limited targeting: see Meta special ad categories.
Who is liable for a violation
The person who places the ad, and the publisher that runs it. HUD's memo says "Publishers and advertisers are responsible under the Act for making, printing, or publishing an advertisement that violates the Act on its face" (HUD memo). A newspaper may rely on an owner's word that a property is exempt senior housing; the owner who ran the ad is the one exposed if it isn't.
Canada: Ontario
The Fair Housing Act doesn't apply in Canada. In Ontario, the Human Rights Code covers housing, with a longer list of grounds:
"Every person has a right to equal treatment with respect to the occupancy of accommodation, without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, marital status, family status, disability or the receipt of public assistance." (Ontario Human Rights Code, s. 2(1))
Publishing a "notice, sign, symbol, emblem, or other similar representation" that shows an intention to infringe that right is itself an infringement (s. 13(1)). So in Ontario, "no kids" (family status) and "no social assistance" (receipt of public assistance) are out. One exception: the rule doesn't apply where the tenant shares a bathroom or kitchen with the owner or the owner's family (s. 21(1)).
Example
Two-bedroom rental listing
Draft: "Perfect for a young professional couple, no kids." Rewrite: "Two-bedroom, one-bath unit on a quiet street, 10 minutes' walk to the train, no smoking." The first describes people; the second describes the unit and a building rule.
Fourth-floor condo
Draft: "Not suitable for wheelchairs." Rewrite: "Fourth-floor walk-up, no elevator, great view." HUD lists "no wheelchairs" as a violation and "fourth-floor walk-up" and "great view" as fine.
Ontario basement suite
Draft: "Suits a single person, no social assistance." "Single" refers to marital status and "no social assistance" to receipt of public assistance, both Code grounds. Rewrite: "Bachelor suite, separate entrance, $1,500 a month, available December 1."
Different for you?
- Facebook or Instagram housing ads: targeting is restricted. See Meta special ad categories.
- Brokerage name and team names in ads: see real estate advertising rules.
- Mortgage rate or payment ads: see mortgage advertising trigger terms.
- Writing and running compliant listing ads: see the Paid Ads Agent.