Section R10-2-114. Fair Housing Policy and Practices

In the investigation of complaints, the Attorney General shall con- sider the following as evidence of compliance with the prohibitions against discrimination in advertising under the Act.

1.        Use of Equal Housing Opportunity logotype, statement, or slogan. All advertising of residential real estate for sale, rent, or financing shall contain an equal housing opportunity logotype, statement, or slogan as a means of educating the home-seeking public that the property is available to all persons regardless of race, color, religion, sex, handicap, familial status, or national origin.

2.        Use of human models. Human models in photographs, drawings, or other graphic techniques shall not be used to indicate exclusiveness because of race, color, religion, sex, handicap, familial status, or national origin. If mod- els are used in display advertising campaigns, the models shall be clearly definable as reasonably representing majority and minority groups in the metropolitan area, both sexes, and, when appropriate, families with children. Models, if used, shall portray persons in an equal social setting and indicate to the general public that the housing is open to all without regard to race, color, religion, sex, handicap, familial status, or national origin, and is not for the exclusive use of one such group;

3.        Coverage of local laws. Whether the advertisement includes a statement regarding the coverage of any local fair housing or human rights ordinance prohibiting dis- crimination in the sale, rental, or financing of dwellings; and

4.        Notification of fair housing policy.

a.        Employees. Whether the publisher of the advertise- ment, the advertising agency, and the firm engaged in the sale, rental, or financing of real estate pro- vided a printed copy of their nondiscrimination pol- icy to each employee and officer.

b.        Clients. Whether the publishers of the advertisement and the advertising agency posted a copy of their nondiscrimination policy in a conspicuous location wherever persons place advertising and have copies available for all firms and persons using its advertis- ing services.

c.        Publishers’ notice. Whether the publisher published at the beginning of the real estate advertising section a statement regarding the coverage of any local fair housing or human rights ordinance prohibiting dis- crimination in the sale, rental, or financing of dwell- ings.

Historical Note

Adopted effective December 2, 1994 (Supp. 94-4).