Is “empty nesters” a Fair Housing violation in a listing?

Why

Prefers households without children at home. On the avoid side of all three cited lists.

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.

Check your own wording

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1 phrase to look at

• Avoid “empty nesters”

  Prefers households without children at home. On the avoid side of all three cited lists.

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

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

• 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.)

Related phrases

• no children allowed Avoid
• adults only Avoid
• one child only Avoid
• one person only Depends
• ideal for young families Avoid
• great for families Caution
• family friendly Caution
• safe for kids Caution

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-empty-nesters, ListingLint rules v2026.10.2.