FACTS:                    

A real estate licensee owns a single family residence. The garage of the home has been converted into a small studio apartment. The licensee wants to advertise the studio apartment for rent to a “Single” person. The licensee believes she can advertise for single tenants because she is exempt from the Fair Housing Rules as her property is an owner-occupied property.

ISSUE:                      

Can a licensee advertise her studio apartment for rent to a single tenant only?

ANSWER:                

No.

DISCUSSION:         

A homeowner cannot publish a discriminatory ad or advertise in violation of the Fair Housing Act. There are, however, limited circumstances where a guest house of an owner-occupied property can be restricted to single persons or a specific gender. Regardless, these limited exceptions to the Fair Housing Act do not apply when a real estate licensee is involved in the transaction. See 42 U.S.C. § 3603.