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Fair Housing Compliance Checklist for Listing Descriptions

Use this checklist before you publish any listing description in Maryland — whether it is a for-sale property or a rental. It covers the seven federal Fair Housing Act protected classes (42 U.S.C. § 3604) plus the five additional classes under Maryland law (Md. Code § 20-705).

Disclaimer: This checklist is for educational purposes and does not constitute legal advice. Fair housing compliance is fact-specific. When in doubt, consult a licensed Maryland real estate attorney or your broker.

Familial Status

  • No language implying the property is "perfect for families" or "family-friendly"

    These phrases can discourage adults-only households and are routinely flagged.

  • No explicit restrictions on children or families ("adults only", "no kids", "55+ community" — unless the property actually qualifies as senior housing)

  • No references to "couple," "duo," or "two people" as the intended occupants

Disability / Handicap

  • No "walking distance" — use "conveniently located near" or "minutes from" instead

  • No "active lifestyle," "great for active residents," or similar physical ability references

  • No explicit "no pets" language that would include emotional support animals — ESAs are not pets under the FHA

  • Accessibility features (ramps, wide doorways, grab bars) are described as features, not requirements

Race, Color, and National Origin

  • No "safe neighborhood," "low crime," or "quiet, stable area" — these are frequently coded references to race

    Describe physical attributes instead: "well-lit streets," "low-traffic cul-de-sac."

  • No "exclusive," "prestigious," or "up and coming" neighborhood references

  • No "transitional neighborhood" or "gentrifying area"

  • No "master bedroom" — use "primary bedroom" or "owner's suite"

    Low enforcement risk currently, but HUD guidance is shifting.

  • No reference to the ethnic or racial composition of the neighborhood

Religion

  • No references to specific religious institutions as a selling point ("Christian community," "near our church")

  • "Near places of worship" is acceptable; naming a specific religion is not

Sex and Gender

  • No "bachelor pad," "man cave," "she shed," or other gender-coded room descriptions

  • No language implying the property is intended for or suited to a specific gender

Source of Income (Maryland only)

  • No "no Section 8," "no housing vouchers," "private pay only," or "must have W-2 income"

    Under Md. Code § 20-705, refusal based on source of income is illegal for rental properties.

  • Income requirements (if any) belong in the application process, not the listing description

Marital Status (Maryland only)

  • No "perfect for a couple," "great for two," or language implying a specific relationship structure is preferred

Military Status (Maryland only)

  • No language discouraging or excluding active-duty military, veterans, or reservists

Disparate Impact — Credit and Financial Requirements

  • No stated credit score minimums in the listing text ("credit score 680+", "must have 700 credit")

    Stated minimums in public listings create documented disparate impact and are better handled in an application.

  • No income multiplier requirements in the listing text — state these in the application process

General Review

  • Read the description aloud — does any phrase sound like it is excluding or targeting a specific type of person?

  • Describe the property, not the neighborhood demographics or "type of people" who live there

  • Describe physical features, not inferred lifestyle — "updated kitchen" not "perfect for the home chef couple"

  • Have the description reviewed by your broker before publishing if uncertain

  • Run the description through an AI compliance checker (like Listing Guard) as a second set of eyes

How to use this checklist

  1. 1Draft your listing description as you normally would — focus on selling the property first.
  2. 2Run through this checklist section by section before you publish.
  3. 3For any item you are unsure about, revise toward neutral, property-focused language.
  4. 4Run the final draft through Listing Guard for a second AI-powered check.
  5. 5Keep a copy of the listing text you published. If a complaint is ever filed, documentation matters.

The most commonly missed items

Based on common fair housing complaint patterns, these are the items agents most often overlook:

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Official sources

Links to primary legal sources and regulatory agencies.

Further reading