Tabla de contenidos
Introduction
Advertising in the field of real estate plays a crucial role in buying, selling and renting properties. However, this advertising must comply with certain regulations to avoid discrimination. In this article, we will explore the key guidelines and regulations related to real estate advertising in California.
Anti-Discrimination Regulations
Section 804(c) of the Act
Section 804(c) of the Act prohibits the making, printing, and publication of advertisements that indicate a preference, limitation, or discrimination based on race, color, religion, sex, disability, familial status, or national origin. This prohibition applies to both publishers and individuals and entities that place real estate ads. It even applies to advertisements where the underlying property may be exempt from the provisions of the Act, but where the advertisement itself violates the Act.
Responsibility of Publishers and Advertisers
Publishers and advertisers are responsible for not publishing ads that violate the Law. This means that they must not publish ads that clearly express a preference, limitation or discrimination based on race, color, religion, sex, disability, familial status or national origin. However, if the terms or phrases used in an advertisement do not clearly indicate a preference, the publishers are not responsible for possible discriminatory interpretations.
Examples of Discrimination
- Race, Color and National Origin: Advertisements that use words to describe the home, current or potential residents, or neighbors in racial or ethnic terms (for example, “white family home,” “non-Irish”) trigger liability under this section.
- Religion: Advertisements must not contain explicit preferences, limitations, or discrimination based on religion (e.g., “no Jews,” “Christian home”). However, if an advertisement contains the legal name of an entity that has a religious reference (for example, “Roselawn Catholic Home”) or a religious symbol (such as a cross), but includes a disclaimer, it will not violate the Act.
- Sex: Advertisements for single-family homes or detached units in multi-family housing must not contain explicit preferences, limitations, or discrimination based on sex. Terms such as “Master Bedroom”, “mother-in-law suite” and “bachelor apartment” are common descriptions and do not violate the Law.
Title 3: Other Discrimination Issues
Disability Discrimination
Advertisements must not contain exclusions, limitations or other explicit indications of discrimination based on disability (for example, “no wheelchairs”). However, ads that describe properties, services or facilities related to accessibility (such as a wheelchair ramp) are legal.
Discrimination by Family Status
Advertisements cannot express preferences, limitations or discrimination based on family status. This means they cannot set limitations on the number or age of children, nor express a preference for adults, couples or singles. Advertisements that neutrally describe properties, services and neighborhoods do not violate the Law.
Conclusion
Real estate advertising is a powerful tool for buyers and sellers, but it must comply with anti-discrimination regulations. Both publishers and advertisers have a responsibility to ensure that their ads do not express illegal preferences, limitations or discrimination. Compliance with these regulations is essential to promoting an equitable and non-discriminatory real estate market in California.
