Fair Housing Phrases to Avoid in Real Estate Listings
The Fair Housing Act (42 U.S.C. § 3604) prohibits any listing language that indicates a preference, limitation, or discrimination based on a protected class. In Maryland, the state Human Rights Act (Md. Code § 20-705) adds additional protected classes — including source of income, marital status, sexual orientation, and gender identity.
Below is a practical reference of the most common phrases that trigger complaints, why each one is problematic, and what to write instead.
Why it's flagged: Implies the property is suited for families with children, which can discourage adults-only households or single occupants from applying.
Say instead: "welcoming neighborhood," "great location"
Why it's flagged: Explicit restriction on families with children is a direct FHA violation unless the property qualifies as housing for older persons (55+ or 62+).
Say instead: Omit entirely. If 55+ community, state "Age-restricted community — 55+ housing"
Why it's flagged: Implies physical mobility as a prerequisite to enjoying the property, which can discourage people with mobility impairments.
Say instead: "conveniently located near," "close to," "minutes from"
Why it's flagged: Suggests physical ability is required to live there comfortably.
Say instead: "outdoor access," "near trails and parks"
Why it's flagged: Gender-coded language that signals the property is intended for a specific sex.
Say instead: "home office," "bonus room," "media room"
Why it's flagged: HUD and many state commissions flag "master" as potentially racially coded language due to its association with slavery. Risk is low but rising.
Say instead: "primary bedroom," "owner's suite"
Why it's flagged: "Near churches" alone is borderline — listing a specific religious community as a selling point implies preference for a religion.
Say instead: "near places of worship," "near schools and community centers"
Why it's flagged: Implies the property is intended for couples, discouraging families with children or single-person households.
Say instead: "cozy," "efficient layout," "great use of space"
Why it's flagged: "Safe" is frequently a coded reference to the racial or ethnic composition of a neighborhood. It is one of the most commonly flagged advisory phrases.
Say instead: Describe physical attributes: "well-lit streets," "quiet cul-de-sac," "low-traffic street"
Why it's flagged: Can signal that not everyone is welcome — historically used to describe racially restrictive neighborhoods.
Say instead: "sought-after location," "established neighborhood"
Why it's flagged: Coded phrases often used to describe neighborhoods undergoing racial or ethnic demographic shifts.
Say instead: Describe tangible improvements: "recently renovated infrastructure," "new development nearby"
Why it's flagged: Refusing housing voucher holders is illegal in Maryland under Md. Code § 20-705. Federal law does not yet require this, but Maryland does.
Say instead: Omit entirely. Maryland landlords must accept housing vouchers.
Why it's flagged: Stated credit score minimums in the listing itself create documented disparate impact on protected classes with historically lower average credit scores.
Say instead: State minimum requirements in the application process, not the listing description.
Why it's flagged: Emotional support animals are not pets — landlords must provide reasonable accommodations for ESAs under the FHA. Listing "no ESA" is a direct violation.
Say instead: "Pets considered on a case-by-case basis." For ESA/service animal policy, consult your broker.
Why it's flagged: Directly expresses preference based on national origin.
Say instead: Omit entirely.
Maryland-specific considerations
Maryland goes further than federal law in several important ways. Under Md. Code Ann., State Gov't § 20-705, the following are also protected classes in housing transactions:
- Source of income (including housing vouchers / Section 8)
- Marital status
- Sexual orientation
- Gender identity
- Military status
Source of income is the most commonly violated. Any listing that explicitly refuses housing voucher holders — or implies that vouchers are not accepted — is in violation of Maryland law and can result in a complaint to the Maryland Commission on Civil Rights.
What happens if you get a complaint?
A fair housing complaint can be filed with HUD, the Maryland Commission on Civil Rights, or pursued through private civil litigation. Penalties for a first offense under the FHA can exceed $20,000, and the Maryland Real Estate Commission can open a license investigation independently of any HUD action. Agents — not just brokers — can be named individually.
The listing description is often the first piece of evidence in a fair housing complaint. It is timestamped, searchable, and retrievable long after the property sells or rents.
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Official sources
Links to primary legal sources and regulatory agencies.
- Md. Code Ann., State Gov't § 20-705 ↗Full text of Maryland's Fair Housing Act — Maryland General Assembly
- 42 U.S.C. § 3604 — Federal Fair Housing Act ↗Full text of the federal Fair Housing Act — U.S. House Office of Law Revision Counsel
- HUD Fair Housing Overview ↗U.S. Department of Housing and Urban Development — fair housing rights and how to file a complaint
- Maryland Commission on Civil Rights (MCCR) ↗State agency that enforces Maryland fair housing law — file a complaint or learn more
- Maryland Real Estate Commission (MREC) ↗License board that can investigate and discipline agents for fair housing violations