Fair Housing phrase guide / Familial status
Is “adults only” a Fair Housing violation in a listing?
Avoid Flagged as high risk. Most word lists put this on the avoid side.
Why
A preference for adults, which HUD's memo says ads may not state. It's only permitted when the property legally qualifies as housing for older persons (55+ or 62+ under the HOPA exemption). If it does, say so precisely ("55+ community").
Safer wording
There's no one-click rewrite for this one. Describe the property, not the people, and rewrite this part by hand.
What the tag means
Avoid means an explicit preference or limitation, or a phrase on the avoid side of the cited word lists. This is the risk end of the scale, not a style choice.
What the law covers here
Familial status means a household with one or more children under 18 living with a parent or legal custodian (or that person's designee). It also covers anyone who is pregnant or in the process of getting legal custody of a child. Housing that qualifies as housing for older persons has a separate exemption with its own requirements.
- Fair Housing Act definitions, 42 U.S.C. § 3602
- Housing for older persons exemption, 42 U.S.C. § 3607(b)
Sources
- HUD "Achtenberg memo": Guidance Regarding Advertisements Under §804(c), Jan. 9, 1995
- Long Island Board of REALTORS®: Fair Housing Advertising Word and Phrase Guidelines (Mar. 2025)
- CRMLS Fair Housing Word & Phrase List (Apr. 2021)
- Fair Housing Advertising Word and Phrase List (New York Press Assn.; source: Oklahoma Press Assn.)
- Housing for older persons exemption, 42 U.S.C. § 3607(b)
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
All familial status 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 fam-adults-only, ListingLint rules v2026.10.2.