Fair Housing phrase guide / Sex, incl. sexual orientation & gender identity
Can you say “women roommates” in an MLS listing? It depends
Depends Fine in some uses and a problem in others. Both sides are explained below.
Why
Only lawful when the shared-living exemption actually applies (shared living space). HUD's memo says the person placing the ad is responsible for meeting that exemption. Never right for a separate unit.
Safer wording
- roommate
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
Sex is a protected class under the federal Fair Housing Act. The flagged phrases describe who the home is for by sex or marital role (a bachelor pad, a man cave as a selling point to men). Many states and cities also name sexual orientation and gender identity as protected classes, so check your own state's list.
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
All sex, incl. sexual orientation & gender identity 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 sex-roommate, ListingLint rules v2026.10.2.