Q&A: Is ‘No HUD’ allowed under Fair Housing Act?


From Rust Communications:

Q: I have read through the Fair Housing Act guide, but I’m not sure if “No HUD” is allowable wording. I can’t find it worded that way but want to be sure.

A: I wouldn’t recommend using the words “No HUD.” Not that HUD recipients are a protected class, but it could raise the question as to whether the intent is to discriminate.

I would suggest substituting other language.

If the landlord can’t legally accept HUD participates, the language could be “Not HUD eligible.” If the landlord can legally accept HUD participants, the language could read: “Tenant must verify income.”

If the client complains, remind him or her that Fair Housing Act complaints can be filed against the landlord and the newspaper, so your policy is to be cautious.

Contact Steve Key, HSPA executive director and general counsel, with media law questions at skey@hspa.com or (317) 624-4427.