It’s almost the end of the month, and as April is Fair Housing Month we wanted to take an opportunity to remind you of some important Fair Housing provisions. 

• Service animals are not pets. Even though service dogs might be incredibly cute and very good boys or girls, it’s important to not think of them as pets. Why? Because by law, landlords cannot charge either pet rent or a pet deposit for a service animal (including an emotional support animal). However, owners of service animals are still liable for any damage that the animal causes to the property. 

• Remember to be careful with listing descriptions. Even well-intentioned descriptions could result in a Fair Housing investigation, and potentially a violation. One key tip is to remember to describe the property itself, not the people. For example, the house has a first-floor primary bedroom and is in a maintenance-free community; it’s not “perfect for empty nesters.” Focusing on the architectural and physical features of a property are your safest bet. 

• Speaking of listings, if you use A.I. to help you write descriptions, you should always review those descriptions carefully for potential Fair Housing violations (along with checking them for factual accuracy). While most A.I. engines have gotten much better about not violating Fair Housing, there are still times where it will happen even if you expressly guard against it. Thorough human review is your best friend when using A.I. 

• Remember, even though some landlords are exempt from certain Fair Housing laws, as a licensee and a REALTOR^® you still have an obligation to not participate in any violation of Fair Housing. That includes producing or distributing any advertisements that might discriminate against a protected class. 

• And finally, don’t forget that disparate impact claims can result in a violation for you even if you have a policy that is neutral on its face. If you have any doubts about whether one of your policies of ads might violate Fair Housing, you should contact an attorney for review. 

As always, if you have any questions about Fair Housing or any other real estate legal topic, make sure to contact us on the Virginia REALTORS® Legal Hotline.