The 24 CFR § 100.75 framework, the ordinary-reader test, and the categories of listing language HUD has actually cited in enforcement
HUD's regulation at 24 CFR § 100.75 implements the Fair Housing Act's advertising prohibition at 42 U.S.C. § 3604(c). The regulation prohibits making, printing, or publishing any notice, statement, or advertisement regarding the sale or rental of a dwelling that indicates a preference, limitation, or discrimination based on race, color, religion, sex, handicap, familial status, or national origin. HUD applies the ordinary-reader test and has cited specific phrase categories — including 'perfect for [buyer type],' 'safe neighborhood,' 'walking distance to churches,' and 'wheelchair accessible' — in enforcement actions. The regulation extends to print, broadcast, and digital advertising.
Pricing: Starting $99/month
Time Required: Listing copy scanned in 2 minutes
Most agents have never read the actual HUD regulation that governs listing copy compliance. The framework is straightforward — any advertisement indicating preference, limitation, or discrimination based on protected class violates 24 CFR § 100.75. But knowing the regulation isn't the same as knowing which phrases trigger it. Decades of HUD enforcement have produced a defined library of cited patterns.
BuildMyListing's scanner is built around the 24 CFR § 100.75 framework: ordinary-reader test, federal seven classes plus state additions, and the specific phrase patterns HUD has cited in formal complaints and consent orders. Every listing is scanned against this library before delivery.
Our scanner's pattern library is organized around the HUD regulation: federal seven classes (race, color, national origin, religion, sex, familial status, disability) plus major state additions. Each pattern references the implicated protected class.
Benefit: Regulation-aligned scanning, not generic phrase lists
Our pattern matching uses the same standard HUD applies in enforcement: would an ordinary reader understand the language as indicating preference, limitation, or discrimination? Edge cases are flagged for review rather than auto-replaced.
Benefit: Compliance reasoning that matches HUD's enforcement standard
Print flyers, MLS descriptions, social captions, postcards, broker website blocks, and email marketing all run through the same scan. Any medium that constitutes an 'advertisement' under 24 CFR § 100.75 is covered.
Benefit: Consistent compliance across the marketing surface
Every generated output produces a compliance log: which patterns were checked, which were flagged, what replacements were applied, and which protected class each flag implicated.
Benefit: Audit-ready record for every listing
Use BuildMyListing to generate any marketing output — MLS description, flyer, social caption, postcard, website block, or email.
Every output runs through the 24 CFR § 100.75 pattern library. Each flagged phrase shows the implicated protected class and the recommended replacement.
Download the output plus the compliance log. The log documents which patterns were scanned, which were flagged, and what replacements were applied — your evidence of due diligence.
| HUD-Cited Phrase Category | Regulation Section | Implicated Protected Class | Compliant Pattern |
|---|---|---|---|
| Buyer-preference framing ('perfect for X') | 24 CFR § 100.75 / 42 U.S.C. § 3604(c) | Familial status, sex, others depending on X | Describe rooms, square footage, and features without buyer framing |
| Religious institution references | 24 CFR § 100.75 | Religion | Use neutral civic-amenity references (community center, library, parks) |
| School-quality characterizations | 24 CFR § 100.75 | Race / national origin (via correlation) | Factual school proximity plus neutral-source quality reference |
| Disability buyer-framing ('wheelchair accessible') | 24 CFR § 100.75 | Disability (handicap in statute) | Specific physical features: doorway widths, no-step entry, shower configuration |
| Coded neighborhood descriptors ('safe,' 'desirable') | 24 CFR § 100.75 | Race / national origin | Factual proximity data: Walk Score, named retailers, transit distance |
| Source-of-income exclusions ('No Section 8') | State law in SOI-protected jurisdictions | Source of income (state-protected, not federal) | Neutral application criteria; no source-based exclusion |
| Age framing without HOPA qualification | 42 U.S.C. § 3604(c) / 42 U.S.C. § 3607(b) | Familial status | Describe features without age framing OR document HOPA qualification before using age framing |
| Blockbusting / demographic-change framing | 24 CFR § 100.85 (separate from § 100.75) | Race / national origin | Market-data prospecting only; no demographic-change framing |
Scenario: Brokerage launching a 4-bedroom suburban listing across MLS, flyer print, postcard mailer, Instagram, Facebook, and email.
Process: BuildMyListing generates each output → 24 CFR § 100.75 scan runs on every output → Flagged patterns replaced consistently across all channels → Compliance log archives the scan for each output → Single brokerage-level audit trail
Compliance: 24 CFR § 100.75 compliance applied consistently across the entire marketing surface
Scenario: Agent has written a listing description manually and wants a Fair Housing scan before MLS upload.
Process: Paste the description into BuildMyListing's scanner → 24 CFR § 100.75 pattern library runs → Flagged phrases highlighted with implicated protected class → Suggested replacements provided → Agent edits before publishing
Compliance: Pre-publication compliance review against the HUD enforcement standard
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