Fair Housing phrase guide / Familial status
Can you say “one person only” in an MLS listing? It depends
Depends Fine in some uses and a problem in others. Both sides are explained below.
Why
Occupancy limits can be lawful when they follow a reasonable local occupancy code, but "one person" and "two people" are on the caution lists because they can effectively exclude families. Cite the code or leave it for the application.
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
Depends means it's fine or not depending on how it's used. Read the reason, then decide for your sentence.
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
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-occupant-count, ListingLint rules v2026.10.2.