avatarDeborah Camp

Summary

Real estate agents are prohibited from using certain words and phrases in property descriptions and advertising to avoid discrimination, reflecting an expansion of protected classes under the Fair Housing Act and local regulations.

Abstract

The article discusses the restrictions placed on real estate agents regarding the language they can use when describing properties or in advertisements. These restrictions are part of the Fair Housing Act and aim to prevent discrimination based on familial status, race, religion, and other characteristics. Realtors like Bree, with 25 years of experience, must now avoid terms such as "family," "master bedroom," "plantation shutters," and "private community," among others. Violations can result in hefty fines, with the first offense potentially costing up to $16,000. The list of prohibited words includes terms related to age, disability, marital status, gender, religion, and nationality. Cities like Seattle have even broader protected classes, including political identity and use of service animals. The article questions whether some word bans are overly cautious, potentially stifling creative and evocative descriptions that help buyers envision a lifestyle, while acknowledging the importance of non-discriminatory practices to counteract the history of redlining and other discriminatory housing practices.

Opinions

  • The author acknowledges the necessity of housing non-discrimination laws and the importance of obeying them.
  • Some of the prohibited words and phrases are considered innocuous by the author, who believes they should not be banned as they help in painting a picture of a desired lifestyle for potential buyers.
  • The author expresses surprise and skepticism about certain words being banned, such as "American," and questions the rationale behind some of these restrictions.
  • The author supports the idea of ensuring housing non-discrimination but suggests that some of the language prohibitions may be excessive.
  • The article implies that the real estate industry's language restrictions are a response to past discriminatory practices and aim to create a more inclusive housing market.
  • The author points out the irony that while advertisers can use aspirational language to sell products, realtors are restricted in their ability to do the same for properties.
  • The author wonders if society has become overly sensitive to language, taking offense too readily, but also recognizes the need to protect the rights of others and prevent discrimination.

Here are the Words Realtors are Not Allowed to Say

Describe the property — not the people

Author’s photo

What if, in your profession, you learned that you cannot utter certain words.

Say what?

It’s true, and here’s a real life example.

My friend Bree is a realtor. She’s been in the business for 25 years, and she’s very good at what she does. Like all in her profession she stays current by taking continuing education classes.

Last week over coffee she said she had to review (once again) all the words and phrases realtors can no longer say. Some in person, and others in ads.

Wow. What kind of words, I asked.

As a wordsmith myself I tried to think of what she was referring to. Was it “dirty words,” like those that were banned from the airwaves years ago until the FCC began to lighten up.

“For starters, I’ve got to remember to never use the word family when I’m showing a family a family-like house,” she laughed, a bit sarcastically.

No way.

“Yep, we can’t slip up and use the word family as it relates to real estate.”

That’s the dumbest thing I’ve ever heard I told her.

As it turns out, there are people who don’t identify as being a part of a family. These people have joined the protected classes which generally refers to race, color, sex, religion, or national origin.

So now the Fair Housing Act has extended its protection to include “familial status,” whatever the heck that even means.

“And when we’re showing the property, we also can’t use phrases like plantation shutters, master bedroom, or colonial style,” she said. “You also don’t want to say private community — although you can say a drive is a private drive.”

Okay, this is an education for me. I’ve never thought about these terms before, but I’m listening.

Are there other things you can’t say, and if you do accidentally say them, will it get you into trouble?

As litigious as our society has become these days, I couldn’t imagine that there wouldn’t be lawsuits lurking around somewhere.

“Oh yeah, in real estate advertising, you’ll definitely pay fines if your ad includes words like empty nester, no children, perfect for two, golden age, mature, cripple, religion or religious . . . and there are others,” she answered.

“You can get fined up to $16,000 for your first offense and more for future violations — and that’s not even including payment to your attorney.”

I almost spat out my latte. I belong to the mature class, and I didn’t even know I was protected.

Who in the hell would write a real estate ad mentioning religion for God’s sake? Or being a cripple? Come on!

Bree laughed. “Honey, we’ve got a freaking list of no-no words. And yeah, I guess some numb nuts have done just that. Written ads about cripples — I don’t know. It’s bizarre.”

So, what’s the list you need to memorize, and never, ever say?

“Here goes, you ready?” She pulled out a photocopied list, and then another longer one.

“Here’s the short list of things we can’t mention: Age, youth, Black, White, disability, boy, girl, man, woman, guy, lady, able-bodied, Christian, Buddhist, Arab, Asian, American . . . .”

Wait! What the heck. Did you just say American. You can’t say American?

“Nope, not in your ads, you can’t. Sweetheart, I didn’t write the rules. I just have to obey them.”

What else?

“Okay, you want more? You don’t mention marital status, couple, married, bachelor . . .”

Can you say spinster?

Bree laughed and kept reading.

“Church, temple, gay, lesbian, homosexual, smoker, alcoholic….”

Who would write anything about being an alcoholic or gay in a freaking real estate ad? And what about pet owners? Are we in a protected class, too?

“Not yet,” she laughed. “Maybe soon.”

Bree explained that her list referred to rules at the national level. She went on say that cities like Seattle have additional protected classes based on political identity, gender identity, ancestry, military status, and use of service animals.

Additionally, in cities like Seattle, applications can’t inquire about someone’s criminal history or deny their application based on that person’s criminal history.

Bree showed me a printout from the Long Island Board of Realtors which includes their prohibited words (updated February 2021).

Look at this list below, or not.

I am totally on board for doing whatever needs to be done to ensure housing non-discrimination. We’ve got laws, and they need to be obeyed.

The US has an ugly history of redlining and using other discriminatory tactics to prevent qualified people from buying or renting the homes they want.

However, in my opinion, some of these words and phrases are innocuous, and shouldn’t be prohibited. What do you think?

I would keep such descriptive phrases as: handyman’s dream, gentleman’s farm, grandma’s house, play area, mother-in-law apt, and fisherman’s retreat.

Each of these, I think, are evocative, and place in the buyer’s mind a certain picture for a longed-for lifestyle.

If advertisers can lure people into debt using credit card commercials promising them exotic trips, beautiful clothes, expensive home furnishings — in other words, a longed for lifestyle — then why can’t realtors do the same?

I can understand how most of these landed on the Long Island Board of Realtors list, but others I can’t fathom.

Prohibited Words Able-bodied Adult community Adult friendly Adult living Adults only Adults preferred African African Americans Agile AIDS Alcoholics, non American Indian Appalachian Asian Bachelor Black(s) Blind Buddhist Cash assistance Catholic Caucasian Chicano Child(ren), (number of) Children, no Chinese Christian Church (es), near Citizens only Colored Couples only Criminal Records, no Crippled, no Deaf, no Disability Disabled Disabled, not suitable for Employed, must be Employment verification Empty nesters English only Ethnic references Exclusive (i.e. neighborhood) Executive Family Family, great for Females(s) only Gay friendly Gay(s) Gender Golden agers only Grandma’s house Group homes Handicapped, not for Healthy only Heterosexual Hindu Hispanic HIV Homosexual Hungarian Impaired, no Indian Integrated Irish Islamic Italian Jewish Landlord, (description) Latino Lesbian(s) LGBTQ LINC Low income Male(s), man, men only Married Mature couple Mature individual Mature person(s) Membership approval required Mentally disabled, no Mentally ill, no Mexican Mexican-American Migrant workers, no Mormon Temple Mosque Muslim Must comply with... Nationality Negro Newlyweds

Non alcoholics Non drinker(s) Non married Non-citizen Non-drinkers Not suitable for... Older person(s) One child One child only One person Oriental Parish Pay stub required Philippine Physically fit only Play area, no Polish Preferred community Programs, no Protestant Public assistance, no Puerto Rican Queer Quiet Tenants Religious reference Responsible Restricted Retarded, no Safe neighborhood Seasonal workers, no Section 8, no Senior discount, no Sex or gender Shrine Single friendly Single woman, man Singles Singles only Singles preferred Smoker(s), no Social Security Insurance/SSI Spanish speaking Stable Straight, only Synagogue Temple Tenant(s), description of Transgender Two people Unemployed, no Verifiable income Wheelchairs, no White Woman (women) only Caution Words 55 and older community 62 and older College students, no Country club, near Credit check required Domestic’s quarters Fisherman’s retreat Gentleman’s farm Handicap Handyman’s dream Mother-in-law apt. Nanny’s room Older person(s) One person Perfect for... Person(s), (number of) Pets, no Prestigious Private Quality neighborhood Retired retiree(s) Retirement home School designations Secluded Secure Seeking same Senior citizen(s) Senior housing Senior(s) Sophisticated Starter Student(s) students, no Traditional

This article is meant to be thought-provoking. Have we in some ways become overly sensitive — taking offense too readily, too eagerly?

Or, must we remain ever vigilant so that we don’t inadvertently trample on or diminish the rights of others?

What do you think?

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