Under Housing and Urban Development guidelines, when an advertisement includes the phrase "walk to bus-stop," the advertisement is

Under the Fair Housing Act and guidelines from the Department of Housing and Urban Development (HUD), this phrase is not considered discriminatory. The phrase "walk to bus-stop" is a neutral description of the property's location and its proximity to a public amenity. Fair housing advertising laws prohibit statements that indicate a preference, limitation, or discrimination based on a protected class, including disability. However, language that describes the property itself or a neighborhood feature is generally permissible. An "ordinary reader" would interpret this phrase as highlighting convenience, not as a requirement that tenants must be able to walk, thus excluding persons with disabilities.

A. Discriminatory against individuals with disabilities.

This is incorrect because the phrase describes a feature of the location, not a preference for a type of tenant. It does not explicitly or implicitly exclude individuals with disabilities.

B. Only discriminatory against disabled individuals in some cases.

This is incorrect. The phrase is consistently viewed as a neutral property description. It would only become discriminatory if combined with other explicitly exclusionary language (e.g., "able-bodied tenants only").

C. Only discriminatory if the statement is false.

This is incorrect. The truthfulness of an advertisement relates to consumer protection laws against misrepresentation, not fair housing laws concerning discrimination. A false statement is a separate violation.

1. U.S. Department of Housing and Urban Development (HUD), Office of Fair Housing and Equal Opportunity. Guidance Regarding Advertisements Under § 804(c) of the Fair Housing Act. This guidance clarifies that advertisements should describe the property, not the prospective tenant. Phrases describing property features (e.g., "walk-in closets") or location ("walk to park") are permissible as they do not state a preference for or against a protected class. The "ordinary reader" standard is applied. (See FHEO Notice: FHEO-2015-01, issued September 2, 2015).

2. Code of Federal Regulations, 24 C.F.R. § 100.75 - Discriminatory advertisements, notices and statements. This regulation implements the Fair Housing Act's advertising provisions. Subpart (c) provides examples of non-discriminatory language, including descriptions of property features. The phrase "walk to bus-stop" falls into the category of describing the property and its environs.

3. Massachusetts General Laws, Chapter 151B, Section 4(7). This state law makes it 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 that indicates any preference, limitation, or discrimination..." The interpretation by the Massachusetts Commission Against Discrimination (MCAD) aligns with federal HUD guidance, focusing on whether the language indicates a preference for a certain type of person over another.

4. Kushner, J. A. (2018). Fair Housing: Discrimination in Real Estate, Community Development, and Revitalization. American Bar Association. In discussions of discriminatory advertising under the Fair Housing Act, this academic text confirms that the legal standard focuses on whether an advertisement suggests to an ordinary person that a protected class is not welcome. Descriptions of amenities, such as proximity to transportation, are not considered to carry such a suggestion. (See Chapter 7: Discriminatory Actions, Section 7.04: Advertising).