Highlights:

• 20,860 rental housing discrimination complaints were filed in 2020 alone, and rental-related complaints are the most frequent types of Fair Housing-related complaints.
• Messaging, imagery, and target audiences you select for your community’s marketing initiatives all fall under Fair Housing.
• Fair housing trained support teams can act as additional resources to answer renter inquiries, and guide conversations in a way to maintain compliance.

Closing the gap between leads and new leases comes down to the details. And Fair Housing Act (FHA) compliance is a major part of that. Offer a welcoming and nondiscriminatory environment for every renter to safeguard your property’s marketing efforts today and continue attracting qualified renters in the future.

Properties lose much more than a prospective renter when they are found to be out of compliance with Fair Housing regulations, and complaints may be more common than you think. 20,860 rental housing discrimination complaints were filed in 2020 alone. Of all housing discrimination complaints filed, rental-related complaints happen the most. This is because renting is the most frequent type of housing transaction. Plus, the simplicity of rental transactions compared to home-buying and other transactions can often make it easier to pinpoint discrimination.

The U.S. Department of Housing and Urban Development (HUD) defines the Fair Housing Act as protecting “people from discrimination when they are renting or buying a home” and prohibits making, printing or publishing “any notice, statement or advertisement with respect to the sale or rental of a dwelling that indicates any preference, limitation or discrimination.”

Though broadly understood by multifamily housing professionals, the FHA filters through every detail of your property’s interaction with renters. If those details are off, all of the work you’ve done to build a strong presence through your property marketing and secure a reputation of fairness is at risk.

We’ll cover common areas that are overlooked and how properties can secure their marketing and advertising at every stage in the renter journey.

Routinely refresh your awareness of protected classes

There are seven protected classes under the FHA. It is illegal to show a preference, alter housing terms or refuse to accommodate based on race, color, religion, national origin, sex, disability and familial status. While these seven are nationally held regulations, it’s also critical to understand the protected classes within your local jurisdiction. Many state laws have broader protections for classes such as source of income, marital status and sexual orientation.

The messaging, imagery and advertising targeting you select for your community’s marketing initiatives are all subject to the  FHA and local fair housing laws or regulations. It’s important to secure each tactic by understanding guidelines and eliminating ways that a property may unintentionally breach these laws and regulations.

Fair messaging and property descriptions

Don’t get your property into a bind with property descriptions that could be discriminatory. One way to do this is by focusing on why your property is ideal for renters, not who your ideal renter is. Stay away from statements that could be seen as excluding someone in a protected class or showing a preference for a specific characteristic.

For example, avoid language such as “perfect for families,” and instead share the facts of what your property offers and its amenities. Describe what makes your community family-friendly instead such as playgrounds, large yards, pool, common outdoor eating areas or nearby parks. This approach lets you bring out the best of your community without excluding potential renters.

Clarity in communication is also crucial here. Give consistent and truthful information to all parties interested in your property. This includes inquiries about your community’s availability, price, amenities and policies across all digital channels and within onsite communication.

Inclusive imagery and design details

Equity also comes down to your property’s visual presence, whether that’s the website, advertisements, onsite materials, welcome packets, email campaigns, social media or listings. HUD requires that all properties include an equal housing opportunity “logo type, statement, or slogan” in advertisements. Also, if you use models in your advertisements, be sure to show diversity of residents within your chosen images to present an inclusive and welcoming environment to all prospects.

Effective and compliant audience targeting

While marketers in other industries may build lists based on a specific set of demographics (age, gender, zip code, etc.), targeting or suppressing groups based on any of the protected classes is strictly prohibited for the housing industry. To ensure fair housing compliance, property teams have to compile audience lists that feel broader than they would ordinarily want. However, fair housing compliance should remain the top priority.

How to refine your audience while maintaining FHA Regulations

The difference is in the data. Instead of pulling together broad lists in the hopes that you’ll reach someone who might be looking for an apartment, multifamily advertising platforms, like Rent. Solutions, are uniquely positioned to identify actively searching renters. Industry-leading solutions for search and social advertising are able to use first-party data from multifamily-advertising platforms to serve ads to renters who are actively looking in a given area.

Geofencing is another Fair Housing-friendly solution (while restrictions do apply) for multifamily advertisers who want to refine their audiences to reach prospective renters in their favorite nearby locations. Powered by location-based technology, geofencing allows multifamily marketers to choose locations where they would like to display digital ads. Once a “digital fence” is created, ads can appear in real-time to everyone visiting nearby hotspots like their favorite coffee shops, fitness centers, and more.

The talking stage: Compliance’s role in renter communication and onsite support

Once the leads roll in from your marketing efforts, it’s time for the moments of truth: follow-up calls, tours and final conversations. This is where your property needs well-trained renter support teams, onsite staff and consistent communication. Properties are often most vulnerable to compliance missteps during these one-on-one interactions between the property and the renter.

FHA-trained support teams can act as additional resources to answer renter inquiries and guide conversations in a way to maintain compliance. Ensure that all renter-facing staff on site are trained in how to provide FHA compliant responses, whether those responses are in person, over email, or even in automated interactions, phone conversations or webchat.

While marketers in other industries may build lists based on a specific set of demographics (age, gender, zip code, etc.), targeting or suppressing groups based on any of the protected classes is strictly prohibited for the housing industry. Thus, to ensure fair housing compliance, property teams may ultimately need to compile audience lists that feel broader than they would ordinarily want. But this is necessary because fair housing compliance must remain a top priority.

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