Words you cannot use in real estate

Several years ago, the San Diego Association of Realtors flagged one of my listings for a speech violation.

They emailed me my listing with instructions to replace my unacceptable words with acceptable words. I read and re-read my description unable to find the word or sentence I wrote that was considered a speech violation. When I called SDAR for clarification, I was advised that writing, “Located next door to Kindercare” was my offense. Evidently, it was discriminatory to point out the logistical fact that a house was next door to a childcare facility.

I remember asking, “What if I had written the property was next door to a butcher shop, would I have been flagged for discriminating against vegetarians?” I recall not changing the description even under the threat of a fine because I thought the charge was absurd and censorious.

Since most real estate agents and people of their own volition and civility steer clear of hot-potato words and phrases that clearly discriminate against people based on race, color, religion, sex, familial status, or national origin, the public might be surprised to learn that A) the government, via the U.S. Department of Housing and Urban Development, censors speech, B) Real estate agents could face fines as high as $110,000 for using certain wrong words in their listings, and C) how innocuous many of the words are on HUD’s Fair Housing 150-Banned Words/Phrases List, such as: Board Approval, Couple, Disabled, Employed, Empty Nesters, Exclusive, Executive, Families, Family, Golden Age, Grandmas House, Healthy, Independent Living, Job References, Kid, Kids, Lady, Male, Man, Mature, Membership Approval, Men, Newlyweds, No Children, No Play Area, Person, One Person, Perfect for Two, Prestigious, Private Community, Professional, Religious Landmarks (like near a church), Restricted, Retired, Retirees, Seasonal Worker, Senior, Single, Smoker, Student, Traditional, Two People, Wheelchair, Young, Youth.

Below are a couple of examples that could get agents, brokers, home sellers, home renters, landlords, and property managers in trouble:

* Describing a five-bedroom house, next to a playground, on a cul-de-sac where dozens of kids live and play as “Family Friendly.”
* Describing a home with wide corridors, bath & shower rails, and a ramp as “Ideal maneuverability for people with disabilities or in a wheelchair.”
* Describing a small guest cottage as “Perfect for one person or two people.”

This distinction is important: in the first two examples above, the agent is target-marketing the most likely buyers, like beer commercials during football games. Nothing in these ads suggests a single person would be barred from buying a five-bedroom house, or an able-bodied person barred from buying a house with ramps and rails. As for the third, I’m at a loss as to who or what is being discriminated against. Small space calls for a small number of occupants.

If an agent’s or broker’s policy is to disallow certain words and phrases, that is their right but censorship of the people by the government is a violation of the First Amendment (…Congress shall make no law abridging the freedom of speech….) In our constitutional republic, a government list of banned words should not exist.

Words and phrases naturally go out of style, without the need for government intervention. When was the last time you heard a woman described as a hussy or harlot? Currently, many agents are distancing themselves from Master Bedroom, Master Bath, His & Her Closets, Jack & Jill Bath, and Walking Distance. A+ for cultural sensitivity but to be mandated to not say these words and then punished with fines if you do is not the American Way. Free Speech is the cornerstone of every right we have.