I recently listed a property that my colleague and I built, and I’ve run into something that’s really puzzling me. Our real estate agent, who’s pretty well-known and successful here in New York, advised us that due to “fair housing” laws, certain phrases we wanted to use in the listing were off-limits.
Here’s what she told us:
We couldn’t use “she-shed” because it’s considered gendered.
We couldn’t mention that the fenced-in yard is “great for pets and kids” because not everyone has kids.
We couldn’t say “short walk to the main strip” because not everyone can walk.
While I get the idea of being inclusive and non-discriminatory, this feels like it’s going way overboard. I mean, it’s hard to imagine someone being offended by any of these phrases, and they seem pretty common in other listings I’ve seen.
Our agent admits that it’s a bit extreme but insists that “it’s just the way it is” to avoid any potential legal issues.
Remember that just because something is nationally legal doesn’t mean it’s also legal in your state, town, or city. I live in a state with three or four more protected classes, bringing the total number of protected classes in my area to about ten. Then there are the four classes in Berkeley.
…and doesn’t allow discrimination or abuse based on the following: Race (including hairstyles like braids, locks, and twists that protect the scalp), nationality, ancestry, citizenship, physical or mental disability, medical condition (including cancer and genetic traits), genetic information, marital status, sex (including pregnancy, childbirth, breastfeeding, or other related medical conditions), gender, gender identity, lack of gender identity, gender expression, age (40 years and up), sexual orientation, veteran and/or military status and/or compliance with the Selective Service Act (including noncompliance), protected medical leaves (requesting or approved for leave under the Family and Medical Leave Act or the California Family Rights Act), status as a victim of domestic violence, or any other protected by state or federal law. The County also doesn’t allow people who do things that are covered by this policy to be punished for them. This policy protects people who report or help report possible violations of this policy and who cooperate in investigations or court processes that come up because of a violation of this policy.
I made up two stories and put them both into that one. No need to use Google or any other search tool. Can anyone name the two made-up protected classes?
I can understand your frustration.it seems like common phrases, but fair housing laws are strict to ensure inclusivity. Your agent is just being cautious to avoid any legal problems, even if it feels over the top. Maybe try using more neutral terms, like “outdoor space” instead of specifying pets or kids, or “accessible location” instead of “short walk.” It’s definitely a fine line, but following the rules can help you avoid any issues down the road.
Navigating fair housing laws can indeed be challenging. While inclusivity is important, some restrictions might seem overly cautious. It’s crucial to balance legal compliance with practical listing language. Consider focusing on neutral, descriptive terms that convey the property’s features without potentially excluding or offending any potential buyers.