No, use of the Equal Housing Opportunity logo or slogan is not strictly required. However, it is highly recommended that it be included in all advertisements in order to demonstrate your commitment to fair housing, to assure the public that the properties are available to all persons and in order to limit legal liability.
HUD has issued Advertising Guidelines for Fair Housing: “All advertising of residential real estate for sale, rent, or financing should contain an equal housing opportunity logotype, statement, or slogan as a means of educating the home seeking public that the property is available to all persons regardless of race, color, religion, sex, handicap, familial status, or national origin.” (54 FR 3308, Jan. 23, 1989, emphasis added). “Should” indicates that this is recommended but not required.
In the event of a fair housing complaint, HUD will consider whether the entity has included the Equal Housing Opportunity logo or slogan in its advertisements as evidence of compliance with the Fair Housing Act. Additionally, if the use of the logo or slogan has been used in advertisements for some geographic areas and not others or for some properties and not others, this could have a discriminatory effect and may indicate a violation of the Fair Housing Act.
The Equal Housing Opportunity logo should be included in all advertisements that are larger than four inches. It should be as large as any other logo in the advertisement and no smaller than half an inch. The slogan “Equal Housing Opportunity” should also be included in the advertisement.
See 54 FR 3308, Jan. 23, 1989. Part 109, available here.
Revised October 2024.