Fair Housing, Advertising, and Consumer Protection
Describe the property, not the people
Federal fair housing law prohibits discrimination based on race, color, religion, sex (including sexual orientation and gender identity), national origin, familial status, and disability, in sale, rental, advertising, brokerage services, and financing. Illinois adds protections under the Illinois Human Rights Act, including ancestry, age, marital status, military status, unfavorable discharge from military service, order of protection status, sexual orientation, and gender identity.
Practices to recognize. Steering, blockbusting (panic selling), redlining, refusing to show or negotiate, different terms, and discriminatory advertising all violate the law. Familial status protects households with children under 18 and pregnant individuals - phrases like 'adults only,' 'perfect for a young couple,' or 'no children' are violations, while 'walk-in closet' and 'master bedroom' are not. Disability law requires reasonable accommodation (policies, procedures) and permits reasonable modification at the tenant's expense; assistance animals are not pets.
Exemptions are narrow. The 'Mrs. Murphy' exemption (owner-occupied building of four units or fewer), religious organizations, and private clubs do not apply once a licensee is involved, and the advertising prohibition has no such exemptions.
Advertising and consumer protection. Advertising must include the sponsoring broker's name, avoid misleading claims, and use the Equal Housing Opportunity logo or statement where applicable. Illinois consumer protection law reaches deceptive practices, and licensees must protect confidential client information and not accept undisclosed referral fees.
Worked example: a listing says 'quiet Christian neighborhood, no kids.' Two problems: religion and familial status. The fix is to describe the property, not the neighbors - 'quiet tree-lined street with three bedrooms.'
Trap: assuming an owner's exemption protects a licensee who follows the owner's discriminatory instructions; it does not.