What should I consider before running ads with human models?

Fair housing laws apply to all types of advertising and marketing used in home sales and purchases, including ads in newspapers, on the radio, in magazines, on the Internet, on television, on flyers, even in comments for a listing in the Multiple Listing Service. But what should you consider before running ads with human models?

Selective advertising may involve an advertising campaign using human models primarily in media that cater to one racial or national origin segment of the population without a complementary advertising campaign that is directed at other groups. Another example may involve use of racially mixed models by a developer to advertise one development and not others. Similar care must be exercised in advertising in publications or other media directed at one particular sex, or at persons without children. Such selective advertising may involve the use of human models of members of only one sex, or of adults only, in displays, photographs or drawings to indicate preferences for one sex or the other, or for adults to the exclusion of children.

Avoid using pictures or images that show preference or discourage people because of their protected class. If you use advertising with photographs or drawings of people, try to show men, women, children, people with disabilities, and people of all races, nationalities and ages in a way that reflects the population as a whole. A series of newspaper ads run over a period of weeks using only white models could be found to be a violation of fair housing laws.

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