The Listing Photo That Showed Too Much
A manager is preparing an online listing for a vacant unit. The owner sends a set of photos taken during the previous tenancy. One photo shows a child's drawings and a name on a bedroom wall; another shows the previous tenant's medication bottles on a bathroom counter. The owner also asks the manager to describe the unit as "perfect for young families" and to state that "no immigrants need apply" because the owner prefers a long-term tenant who shares her background. The manager knows the building has a genuine no-smoking policy and a parking space included. The listing is due to go live in two days, and the manager has not yet confirmed the current rent or the available date.
1. Identify the problems with the photos and the requested wording, and explain the legal and professional issues.
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The photos reveal personal information about the previous tenants, including a child's name and medication. Publishing them would breach privacy and could expose the firm to complaints. The manager should not use those images; they should be removed or replaced with photos that do not show personal belongings or identifying details. The phrase "perfect for young families" raises a human-rights concern because it signals a preference based on family status and may discourage other applicants. The statement that "no immigrants need apply" is plainly discriminatory and unlawful; the manager must refuse to include it and should explain why. Advertising must describe the property, not screen applicants by protected characteristics. The manager's professional duty is to decline the discriminatory instruction, document the refusal, and advise the owner on lawful advertising language.
2. What should the manager do before the listing goes live, and how should the refusal be handled with the owner?
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Before publishing, the manager should confirm the lawful rent, the available date, the inclusion of parking, and the no-smoking policy so the listing is accurate. The manager should replace the problematic photos, review the remaining images for personal information, and draft neutral wording that describes the unit's features rather than the desired tenant. The refusal should be handled directly and in writing: explain that the requested language is discriminatory and cannot be used, offer compliant alternatives, and note that the firm applies the same advertising standards to every owner. The manager should keep a record of the instruction and the response. If the owner persists, the manager should escalate to the managing broker and consider whether continuing to act for that owner is consistent with the licensing obligation to act lawfully and in good faith.