It’s the Law

To Post or Not to Post?

That is the (Fair Housing) Question

As those in the multi-family industry can testify, the Fair Housing Act (FHA) plays a starring role in how property managers run their communities. From the proverbial ground up, every aspect of property management is subject to government scrutiny to ensure that a community is compliant with FHA rules and regulations.

The way in which a property is advertised on social media is not immune to this fact. According to the FHA, it is illegal to publish any advertisement “with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, religion, sex, handicap, familial status, or national origin.” Those who violate the Act could face some serious ramifications, up to and including thousands of dollars in fines. So how do you protect yourself from potential risk?

The following are five steps you can take to avoid the pitfalls of social media non-compliance.

JENNIFER MCCOY, ESQ.

Law Office of Jennifer McCoy

Step 1: Utilize the Equal Housing Opportunity (EHO) Logo

Any social media post, whether intended or not, can be construed as an advertisement. To ensure your posts are Fair Housing Act-compliant, always include the EHO’s logo, slogan, or statement. This information can be found by visiting the U.S. Department of Housing and Urban Development’s website at www.hud.gov.

Step 2: Appoint a Social Media “Supervisor”

Designate a member of your staff to run regular checks on your community and social media websites. This person should have an eye for detail and be able to spot any information or language considered discriminatory, or that could limit or deny access to an individual member of what the FHA considers a protected class.

Step 3: Training, Training, Training!

It cannot be stressed enough: Training is your number one safeguard against Fair Housing complaints! So before giving anyone access to your community and social media websites, make sure that person is fully trained in all things Fair Housing. Both new and existing employees should also take note that all social media posts pertaining to their communities, including those on their personal accounts, could potentially put their employers at risk for Fair Housing complaints, and thus, should always proceed with caution.

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