Why “non-smokers only” gets a Fair Housing caution in listings

Why

The lists put "non-smokers" on the avoid side but "smoking, no" on the acceptable side. HUD's memo allows describing conduct ("non-smoking"). Describe the rule, not the people.

Safer wording

• non-smoking property
• no smoking

What the tag means

Caution means the phrase is on the caution side of the cited lists, or describes people in a way that usually reads as a preference. Many agents still use some of these, but describing the property instead is the safer move.

What ListingLint matches

This rule is tested against its own examples on every change. It catches non-smokers only. It deliberately does not fire on: Non-smoking property.

Check your own wording

Paste a sentence or your whole listing. It runs ListingLint's real rule engine in your browser, and nothing is uploaded. non-smokers only

1 phrase to look at

• Caution “non-smokers only”

  The lists put "non-smokers" on the avoid side but "smoking, no" on the acceptable side. HUD's memo allows describing conduct ("non-smoking"). Describe the rule, not the people.

  Try: non-smoking property / no smoking

A word check, not a legal review. Open the full checker for fixes, the fact lock and the MLS character count.

What the law covers here

The federal statute uses the word "handicap" and defines it as a physical or mental impairment that substantially limits one or more major life activities, a record of one, or being regarded as having one. Describing accessibility features of the property is generally fine. Describing which people can or can't live there is what gets flagged.

• Fair Housing Act definitions, 42 U.S.C. § 3602
• Fair Housing Act, 42 U.S.C. § 3604(c)

Sources

• HUD "Achtenberg memo": Guidance Regarding Advertisements Under §804(c), Jan. 9, 1995
• CRMLS Fair Housing Word & Phrase List (Apr. 2021)
• Fair Housing Advertising Word and Phrase List (New York Press Assn.; source: Oklahoma Press Assn.)

About the 1995 HUD memo

HUD no longer posts the 1995 memo on its website. Oregon REALTORS reported in April 2026 that HUD removed it without notice, and HUD withdrew its April 2024 digital-advertising guidance in September 2025. The Fair Housing Act and HUD's advertising regulation (24 CFR § 100.75) didn't change. Boards and MLS word lists still lean on the memo, which is why it's still cited here, as history and as the clearest explanation of how ads are read.

• Oregon REALTORS: Fair housing compliance after the guidance reset (Apr. 17, 2026)
• LeadingAge: HUD withdraws fair housing guidance documents (Sept. 17, 2025 memo)

Related phrases

• no wheelchairs Avoid
• not suitable for wheelchairs Avoid
• able-bodied only Avoid
• agile Caution
• crippled Avoid
• no hiv Avoid
• no group homes Avoid
• non-drinkers only Avoid

All disability phrases on one page · The 12-check listing checklist

Not legal advice. Word lists can't judge context, and laws differ by state and city, with some protecting more classes than federal law does. If you're unsure about a listing, ask your broker or a fair housing attorney. Rule dis-smokers, ListingLint rules v2026.10.2.