An advertisement for a 55-unit building shows only one demographic group in all 8 photographs used. What Fair Housing Act concern can arise from a consistent visual message indicating a protected-class preference?
Correct Answer
A) Risk of an unlawful preference indicated through the advertising
A. Housing advertising can indicate a prohibited preference through images. The rule expressly covers photographs and illustrations conveying protected-class preferences. An advertising violation need not wait for an applicant to be refused housing. Scope and exceptions: Neither eight photographs nor a single depicted demographic group automatically proves a violation. Evaluate the message and context; the stem asks about a protected-class preference, not a numerical model-diversity quota. Source: 24 CFR 100.75(a), (c)(1) — https://www.ecfr.gov/current/title-24/subtitle-B/chapter-I/part-100/subpart-B/section-100.75
Why This Is the Correct Answer
A. Housing advertising can indicate a prohibited preference through images. The rule expressly covers photographs and illustrations conveying protected-class preferences. An advertising violation need not wait for an applicant to be refused housing. Scope and exceptions: Neither eight photographs nor a single depicted demographic group automatically proves a violation. Evaluate the message and context; the stem asks about a protected-class preference, not a numerical model-diversity quota.
Why the Other Options Are Wrong
Option B: Permitted, since photographs state no preference in words at all
Words are not the only way an advertisement can convey a preference.
Option C: Unlawful only where the building refuses an application outright
Advertising is independently regulated.
Option D: Permitted where the 8 photographs are of actual current residents
Using actual residents does not automatically excuse a discriminatory message.
Exam Tip
Review what housing advertisements communicate, including their images.
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