Skip to content
All ArticlesFair Housing Words to Avoid in Listing Videos

Fair Housing Words to Avoid in Listing Videos

The fair housing word lists agents pass around descend from a rule HUD deleted in 1996. Here is what the binding text says about listing video copy.

Lakshya Soni
Founder, EchoPulse Media · writes about content, video & AEO
Fair Housing Words to Avoid in Listing Videos

Federal fair housing law does not publish a list of banned words. It bans any statement about a home for sale or rent that signals a preference based on race, color, religion, sex, disability, familial status or national origin. That is the entire rule. The word lists passed around in agent training decks are one reading of it, and the regulation most of them descend from was deleted in 1996.

That matters more for video than for a written listing, because a video carries three channels of copy at once: the voiceover, the on-screen text, and the footage itself. All three are covered. This is a working reference, not legal advice, and your state, your jurisdiction and your MLS can all be stricter than the federal floor.

What does fair housing law actually ban in a listing video?

Discriminatory advertising is any notice, statement or advertisement about the sale or rental of a dwelling that indicates a preference, limitation or discrimination based on a protected class, or an intention to make one. That definition comes from 24 CFR 100.75(a), the regulation implementing the Fair Housing Act.

Three parts of that section decide how it applies to video. Paragraph (b) says the prohibition covers all written or oral notices or statements, which puts a voiceover squarely inside it. Paragraph (c)(1) names "words, phrases, photographs, illustrations, symbols or forms", which puts your b-roll and your on-screen graphics inside it too. Paragraph (c)(3) covers selecting media or locations for advertising that deny particular segments of the market information about housing, which is where paid distribution of that video lands.

The seven federal classes named in the text are race, color, religion, sex, handicap, familial status and national origin. The statute uses "handicap"; HUD substituted "disability" in its own regulations in 1996 and that is the term in current use.

Where did the fair housing word lists come from?

From 24 CFR Part 109, Fair Housing Advertising, which HUD maintained from 1972. Part 109 held the worked examples: which words, phrases and images HUD would review when investigating an advertising complaint. Almost every circulating list traces back to it, directly or through a handout that copied it.

Part 109 was removed from the Code of Federal Regulations by a final rule published at 61 FR 14378 on 1 April 1996, docket FR-4029-F-01, effective 1 May 1996. HUD's stated reason was that Parts 106 and 109 contained "nonbinding guidance or explanations" that did not require codification, and that the information would be provided through handbooks instead.

The part that gets missed: 24 CFR 100.75(d) still tells readers that "24 CFR part 109 provides information to assist persons to advertise dwellings in a nondiscriminatory manner". That cross-reference is in the eCFR text current as of 17 September 2026, pointing at a part that has not existed for thirty years.

Keep using the lists as a risk screen, and stop describing them as law. A phrase is not illegal because it appears on a list. It is a problem when, in context, it signals who should or should not live in the home. That is the test in the regulation and the test an investigator applies.

Which phrases in a listing video are actually risky?

One rule runs through every row below: describe the house, not the household.

Line or shot | Class it touches | Why it reads as a preference | Describe the property instead

Perfect for a young couple | Familial status, sex | Names who should live there | Two bedrooms plus a home office

Great family home | Familial status | Signals households with children are preferred | Four bedrooms, fenced rear yard

No kids | Familial status | Direct exclusion | Nothing. Only a property that qualifies under the housing for older persons exemption may limit by age

Ideal for empty nesters | Familial status | Names household composition | Single level, no interior stairs

Walking distance to St Mary's | Religion | A landmark doubling as a religious signal | 0.4 miles to the nearest grocery store

Christian community, church nearby | Religion | States a preference outright | Omit

Safe neighborhood, good area | Race, national origin | Long read as coded language about who lives nearby | Name the verifiable feature: on a cul de sac, no through traffic

Exclusive community | Race, national origin | Reads as a statement about who is kept out | Gated, 28 lots, private road

English speakers only | National origin | Direct exclusion | Omit

Must be fit enough for the stairs | Disability | Screens buyers by physical ability | Three levels, 14 steps to the second floor

Voiceover: you will fit right in here | Race, national origin | Pairs a belonging claim with whatever the footage shows | Describe the home, not the fit

B-roll of neighbours on the street | Race, national origin | Paragraph (c)(1) covers photographs and illustrations, not just words | Shoot the property. If people appear, do not use them to signal who belongs

Master bedroom | None | Not a fair housing issue. Several MLSs changed the field to primary bedroom as a style rule | Follow your MLS field name, whichever it is

The last row is in the table on purpose. "Master bedroom" gets taught alongside genuine fair housing risks and it does not belong there. It is an MLS and association style decision, not a rule under 24 CFR 100.75. Treating a style preference as a legal ban is how the rest of the list loses credibility.

What did HUD withdraw in September 2025?

On 29 April 2024 HUD's Office of Fair Housing and Equal Opportunity issued guidance on applying the Fair Housing Act to advertising of housing and real estate related transactions through digital platforms, covering algorithmic ad targeting and delivery. It is the document most 2024 and 2025 articles about fair housing and social ads are built on.

A HUD FHEO memo dated 17 September 2025 withdrew it, along with eight other guidance documents dated between 2007 and 2024, citing Executive Orders 14192 and 14219. The memo states the withdrawn documents have been removed from HUD's website and should not be used going forward. The full withdrawal list was published by LeadingAge on 23 September 2025.

What that changes for a listing video: less than most coverage implies. Guidance is not law. The statute is unchanged and so is 24 CFR 100.75, including paragraph (c)(3) on selecting media or locations for advertising that deny segments of the market information about housing. If you boost a listing video and narrow the audience by age, family status, ZIP code or a lookalike built from past buyers, the regulation still reaches that choice. The explanatory document went away. The prohibition did not. Any training deck dated before September 2025 that cites the digital platforms guidance is citing a withdrawn document.

What does the NAR Code of Ethics add on top?

If you hold the REALTOR mark, Article 10 of the Code of Ethics binds you beyond the federal seven classes. It adds sexual orientation and gender identity, and it is enforced by your local association rather than by HUD.

Standard of Practice 10-3 is the advertising clause: REALTORS "shall not print, display or circulate any statement or advertisement with respect to selling or renting of a property that indicates any preference, limitations or discrimination" on those grounds. Circulating covers posting the video.

Two standards were amended effective 5 June 2025. Standard of Practice 10-1 now reads that in a residential sale or lease, REALTORS shall not volunteer information regarding the racial, religious or ethnic composition of any neighborhood, "however, REALTORS may provide other demographic information", and shall not engage in activity that may result in panic selling or steering. Standard of Practice 10-5, the harassment clause, changed on the same date.

For video, 10-1 is the one that bites. A neighborhood segment characterising who lives in the area is the exact conduct the standard names, and it is easy to do accidentally in a voiceover about community feel.

What about state and local protected classes?

Federal law is a floor, not a ceiling. Common additions at state and city level include source of income, age, marital status, military or veteran status and citizenship status, and your MLS can add rules on top of both.

There is no state by state table here on purpose. A table like that goes stale quietly, and a stale compliance table is worse than none. Check two sources for the jurisdiction you list in: your state civil rights or fair housing agency, and your MLS rules and regulations document.

What should you check before a listing video goes live?

Seven surfaces carry copy. The ones people forget are the last three.

  • The voiceover script, read aloud once with the phrase table open.
  • Every on-screen text card, including the opening title and the closing frame.
  • The listing description and the post caption the video ships with.
  • The thumbnail, which is a photograph and is covered by paragraph (c)(1).
  • Any b-roll containing people, including neighbours caught in a street pass.
  • Music with lyrics, which is oral content attached to a housing advertisement.
  • The paid targeting on every platform you boost it on, per paragraph (c)(3).

Run the check on the script, not the export. A line caught in the script costs nothing. The same line caught after delivery means a re-record, and once the video has syndicated to the portals it means takedown requests too. If you shoot your own listings and hand footage to an editor, put the check in the brief: editors work from what they are given, and the cost of a re-edit is covered in our breakdown of what real estate video editing costs.

Frequently asked questions

Is there an official HUD list of banned words for listings?

No. The list that circulates comes from 24 CFR Part 109, which HUD removed from the Code of Federal Regulations effective 1 May 1996. The binding text is 24 CFR 100.75, which sets a standard rather than a vocabulary. Use the lists as a risk screen, not as an authority.

Does fair housing law apply to the footage or only the words?

Both. 24 CFR 100.75(c)(1) names words, phrases, photographs, illustrations, symbols and forms. A listing video's b-roll, thumbnail and on-screen graphics are all capable of conveying that a dwelling is available or not available to a particular group, which is the standard the paragraph sets.

Can I still say a home is good for families?

It is a familial status signal, so the safer move is to describe the feature that prompted it. Four bedrooms, a fenced yard and a school within a mile are facts about the property. Good for families is a statement about who should buy it, and that is the distinction the regulation turns on.

Is HUD's 2024 digital advertising guidance still in effect?

No. A HUD FHEO memo dated 17 September 2025 withdrew the 29 April 2024 guidance on advertising through digital platforms, citing Executive Orders 14192 and 14219. The underlying statute and 24 CFR 100.75 are unchanged, including the paragraph covering how advertising media and audiences are selected.

Does the REALTOR Code of Ethics cover more than federal law?

Yes. Article 10 adds sexual orientation and gender identity to the seven federal classes, and Standard of Practice 10-3 applies directly to circulating a listing advertisement. Enforcement runs through your local association's professional standards process, which is separate from a HUD complaint.

Key takeaways

  • There is no official banned word list. 24 CFR 100.75 sets a standard: no statement indicating a preference based on a protected class.
  • The familiar lists descend from 24 CFR Part 109, removed from the CFR effective 1 May 1996. 100.75(d) still cross-references it anyway.
  • Video carries three channels of copy. Voiceover, on-screen text and footage are all covered, and so is the thumbnail.
  • HUD withdrew its April 2024 digital advertising guidance by memo dated 17 September 2025. The prohibition on how you select ad audiences did not go with it.
  • NAR Article 10 adds sexual orientation and gender identity. Standards 10-1 and 10-5 were both amended effective 5 June 2025.
  • State, local and MLS rules can all be stricter than the federal floor, so check those two sources rather than a national table.
  • Check the script before the shoot. A caught line costs nothing; a caught export costs a re-record and a syndication takedown.

Getting the copy right before the camera turns on

The cheapest place to fix a fair housing problem is the script, and the second cheapest is the brief you hand your editor. Everything after that is rework.

EchoPulse Media edits listing video for real estate agents and brokerages, with a 48-hour standard turnaround per deliverable and senior review on everything that ships. If you want the shooting and editing side handled while you keep control of the copy, start with the real estate service page.

Related reading: what real estate video editing costs in 2026, and what a real estate media package actually includes at the $1,500 mark.

Related Articles

Video · 14-day Pilot

Stop reading about content.
Go and look at yours.

Most agencies ask you to sign a six-month retainer based on a slide deck. We would rather just do the work first and let you judge it. That is the entire idea behind the Pilot.

  • A 30-day content plan built around your business, yours to keep either way
  • 8 short-form videos and 5 long-form SEO blogs, written, edited, delivered
  • Revisions until you would post it under your own name
  • No contract, no retainer, no auto-renew. It ends on day 14 unless you say otherwise.
$299one time, not a subscription

No pitch. You keep the roadmap whether or not you hire us.

Or see what everything costs