Fair Housing phrase guide / Familial status
Why “retirement homes” gets a Fair Housing caution in listings
Caution Flagged as a caution, because it often reads as a preference for, or against, a group of people.
Why
"Retirement home" is on the caution lists. It's only lawful as a preference when the property qualifies as housing for older persons.
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
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 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.)
- Housing for older persons exemption, 42 U.S.C. § 3607(b)
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-retirement, ListingLint rules v2026.10.2.