Listing descriptions that follow fair housing rules in Washington
A listing description is an advertisement, so fair housing law applies to every word of it, and to the photos and captions too. Most problems come from describing the buyer you imagine instead of the home.
What the rules say
“It shall be unlawful to make, print or publish, or cause to be made, printed or published, any notice, statement or advertisement with respect to the sale or rental of a dwelling which indicates any preference, limitation or discrimination because of race, color, religion, sex, handicap, familial status, or national origin, or an intention to make any such preference, limitation or discrimination.”24 CFR 100.75(a), federal Fair Housing Act rules
Washington's own law covers the same ground for any real estate transaction. It makes it unlawful to publish a statement, advertisement or sign that "indicates, directly or indirectly, an intent to make a limitation, specification, or discrimination" (RCW 49.60.222(1)(g)).
Washington protects more groups
Under RCW 49.60.222, Washington adds groups the federal list doesn't name. A Washington ad can't show a preference or limitation based on:
- Sex, marital status or sexual orientation
- Race, color, creed or national origin
- Citizenship or immigration status
- Families with children
- Honorably discharged veteran or military status
- A sensory, mental or physical disability, or the use of a trained dog guide or service animal
Some cities and counties protect more groups again. If you list in Seattle or another city with its own fair housing code, check that code too.
Describe the home, not the people
HUD's long-standing guidance is that factual descriptions of the property are fine. Words that say who should or shouldn't live there are the risk. A quick test: if a sentence is about a person rather than a room, a feature or a place, rewrite it.
- Instead of "Perfect for a young family", write "Three bedrooms, a fenced yard and a park across the street."
- Instead of "Ideal for empty nesters", write "Single-level living with a low-maintenance yard."
- Instead of "Great bachelor pad", write "Open living room with a gas fireplace and a wet bar."
- Instead of "Not suitable for wheelchairs", describe the access: "Twelve steps up to the front door."
- Instead of "English speakers preferred", leave it out. The home is the same for every buyer.
- Instead of "Safe, quiet neighborhood", be specific: "Dead-end street with sidewalks."
Terms like "master bedroom" weren't treated as a problem in HUD's guidance, but many MLSs now ask for "primary bedroom". Follow your MLS.
Photos, captions and where you advertise
The federal rule's examples include photographs, illustrations and symbols, not just words, and choosing media that keeps a group from hearing about a home. Show the home in your photos, keep captions about the home, and don't target ads in a way that leaves groups out.
If an AI writes your first draft
Writing tools tend to add lines about who would "love" a home. Read every generated description against this list before it goes out. You are responsible for what you publish.
A quick check before you publish
- Is every sentence about the home, the lot or the location?
- No words about the kind of buyer, household or lifestyle you expect?
- Accessibility described as facts (steps, door widths, a ramp), not as who can live there?
- Photos and captions show the property?
- Your firm name and "Equal Housing Opportunity" are on the page?
How Mullion handles it
Your listing pages and social images carry your firm name and "Equal Housing Opportunity". Mullion doesn't rewrite your descriptions, so read them with the checklist above. Nothing goes live until you press Publish.
This is a plain-language summary, not legal advice. Your designated broker and your MLS rules have the final say.
Sources: 24 CFR 100.75, Discriminatory advertisements, statements and notices · RCW 49.60.222, Unfair practices with respect to real estate transactions