Fair housing and accessibility basics for property websites

Section 804(c) of the Fair Housing Act (42 U.S.C. 3604(c)) makes it unlawful to make, print, or publish any notice, statement, or advertisement about 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, or an intention to make one. "Handicap" is the statute's word for disability.

On a website, that covers more than the ad copy. Floor plan descriptions, neighborhood pages, photo captions, and policy pages are all statements about renting a dwelling. The practical rule we write by: describe the property, the amenities, the location, and the policies. Never describe the kind of person you picture living there.

Familial status, as the Act defines it (42 U.S.C. 3602(k)), covers households where someone under 18 lives with a parent or legal custodian. So a phrase signaling that children are unwelcome indicates a limitation on exactly that basis.

The Justice Department's guidance on web accessibility, issued March 18, 2022, says the Department has consistently taken the position that the ADA's requirements apply to all the goods, services, privileges, or activities offered by public accommodations, including those offered on the web.

The same guidance says the Department doesn't have a regulation setting out detailed standards, that businesses have flexibility in how they comply, and that existing technical standards, including the Web Content Accessibility Guidelines (WCAG) and the Section 508 Standards, provide helpful guidance.

An inaccessible site shuts out renters with disabilities before they ever reach your leasing office. We build accessibility in from the first page rather than bolting it on, because retrofitting means reopening pages that were already signed off.