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Tx Fair Housing DtpaFederal_and_texas_fair_housingMEDIUM

A Texas license holder prepares a property listing and includes photographs that show only white individuals enjoying the neighborhood amenities. A fair housing organization sends a complaint alleging the images suggest a racial preference. Under the Texas Fair Housing Act, could this constitute a violation?

Correct Answer

B) Yes, because the selective use of images can constitute discriminatory advertising indicating a racial preference

Under HUD advertising guidelines (24 CFR Part 100) and the Texas Fair Housing Act, discriminatory advertising includes any notice, statement, or advertisement that indicates a preference based on a protected class. This extends to visual images, not just written or spoken words. Selective use of photographs showing only one racial group can constitute an indication of racial preference.

Answer Options
A
No, because photographs of real people in the neighborhood are factual representations
B
Yes, because the selective use of images can constitute discriminatory advertising indicating a racial preference
C
No, because only written or spoken statements can constitute discriminatory advertising
D
Yes, but only if the license holder intentionally excluded images of minority residents

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Related Topics & Key Terms

Key Terms:

fair_housingdiscriminatory_advertisingracevisual_imagery

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