How Real Estate Designers Can Promote Racial Justice in the BLM Era

How Real Estate Designers Can Promote Racial Justice in the BLM Era

picture of the author, a graphic designerWritten by Emily Barker, Graphic Designer

In the midst of the murder of George Floyd and the ensuing protests around the U.S., the design community revived discussions of anti-racism and activism and how it fits into the field of Graphic Design. Just what exactly does designing for social change look like? Specifically in the field of marketing and advertising, the topic of social justice can often feel at odds with the day-to-day worklife in an agency. That’s especially true in the field of real estate–centered design, where the emphasis is often ‘heads-in-beds’ and being 100% leased up, without much room for discussions on equity. However, this sort of all-or-nothing thinking, especially in fields that are complicated, nuanced, and related to issues of housing and equity, can stymie conversations on race and equity before they even get started. The truth is that there are many avenues toward anti-racist marketing while also meeting the needs of clients whose focus is on leads and leases, and real estate designers have a unique position in advocating for those anti-racist strategies.

Creating Historically-Informed Real Estate Design

Anoushka Khandwala in her article entitled “What Does it Mean To Decolonize Design” talks about understanding the schema of one’s own history as a way to re-examine motivations and find new and better modalities of design for the future. She argues that, “With every design choice we make, there’s the potential to not just exclude but to oppress; every design subtly persuades its audience one way or another and every design vocabulary has history and context.”

What can that mean for us as real estate designers? At Threshold we delved into the history of redlining and the Fair Housing Act as a way to better understand the industry and its numerous failures and shortcomings. This meant a combined team of creative and digital staff researched the history of the Fair Housing Act and redlining to create an agency-wide presentation of the history of the Fair Housing Act and red-lining. The creative team made social posts outlining the history of redlining and the creation of the Fair Housing Act during the 1960’s Civil Rights Movement. For more information on redlining and how it denied Black American’s housing and generational wealth in the U.S. please click here.

instagram post about the history of redlining

What this revealed to us was that, as real estate marketers, we had an obligation to help our clients adhere to the FHA rules and regulations. Strictly speaking this meant using photos of diverse individuals in the marketing materials, ensuring that websites were ADA compliant, and using FHA and ADA icons. But it also revealed holes in the system or gray areas where we could advocate for our clients to choose inclusive marketing and branding strategies and also choose to go above and beyond in their digital marketing strategies to prioritize inclusivity.

How Designers Can Be Advocates for Social Change

In Jarrett Fuller’s article on Isometric Studios he describes the studio as one that is “rethinking the way in which designers build a better world”. The founders Andy Chen and Waqas Jawaid describe their clientele as broad: “We’ll take on any kind of client who demonstrates a desire to think about what authentic inclusion looks like, what foregrounding marginalized narratives looks like.” The article goes on to describe the work of Isometric as that of advocates as well as designers.

This is a familiar role for designers as we are already advocating for good design as we talk to our clients about our work and advise them on the best choices for their brand. Isometric Studios would take that same advocacy a step further and challenge the client’s perspective on social issues when needed and advocate for development of brands that support the greater social good. Sometimes this advocacy can look like recommending that a client incorporate people of diverse races in their lifestyle photography or choosing a logo that celebrates the existing community culture where their new development will be built.

diverse group of residents at apartment pool

One important way to have these conversations with clients is to directly addressing the elephant that is so often in the room: gentrification. By addressing this openly we are better able to advocate for our clients to help them maintain a positive reputation and resident satisfaction. These types of conversations present the opportunity for us to simultaneously advocate for our client and the greater community’s needs by encouraging our clients to create positive connections with their communities.

How do we ask our clients to connect with the communities they will exist in? Here are a few suggestions:

  • Hosting events for the neighborhood at the property
  • Striking mutually advantageous partnerships with local businesses
  • Resident appreciation events that feature goods and services from the local community 
  • Hiring local instructors to teach fitness, art, or meditation classes
  • Hiring local artists to design artwork for the property
  • Host a concert of local musicians
  • Offer communal spaces to local groups for weekly meetings
  • Organize volunteer days with residents or staff in the local community

The point of these conversations and ongoing partnerships with the community isn’t to whitewash the real estate industry, but to offer real-world pathways for community engagement for our clients.

Isometric Studios, in their interview with Jarrett Fuller describes their name’s origin as “a floor plan drawn at a thirty degree angle where the same scale is used for every axis, creating a non-distorted image. ‘It’s an ideal that isn’t really possible,’ Jawaid said. ‘But we’re interested in that ideal. We’re designing for that ideal.'”

In the same way, we can also struggle towards a more ideal design practice in real estate design. We can become advocates for creative work that will be better suited for this current, complex, and multicultural world and our clients will benefit from the nuance that design will bring to their brands.

Pros & Cons of Relying on Property Management Software for Real Estate Marketing

Pros & Cons of Relying on Property Management Software for Real Estate Marketing

Property Management Software like Yardi, RealPage, and Entrata are an essential part of many property managers’ day-to-day operations. For some management teams, they are an indispensable part of customer relationship management, lead flow, digital marketing, and more. With so much functionality centralized on one platform, property management teams may find it tempting to rely solely on their chosen PMS for all their digital marketing needs. But does that mean missing out on your maximum ROI?

Today, we’re covering some of the pros and cons of Property Management SaaS products like Yardi, RealPage, and others in order to assess the gaps in their service offerings. Along the way, we’ll compare the strengths of these SaaS products to the strengths of a relationship-oriented real estate marketing partner offering a People-as-a-Service approach to digital marketing needs. In the end, we’ll recommend a hybrid approach to apartment marketing strategies and explore how PMS and marketing agencies should work together to maximize ROI for the Property Management teams they serve.

Pros and Cons of PMS Websites

Let’s start by reviewing the website offerings of some of the leading PMS. While Property Management Software like Entrata and RentCafe offer streamlined website templates, there are pros and cons to using them. The largest advantage to this strategy is that the website you create integrates with the other products in their suites (including their CRM products) with minimal effort. This helps facilitate lead flow so that your leasing staff can easily follow up on leads and turn them into leases.

leasing staff using real estate marketing tools

However, there are limitations to RentCafe, Entrata, and other PMS’s website templates. For one thing, while these websites tend to focus on lead flow, this doesn’t necessarily translate into exceptional UX. In other words, while it’s easy for leasing staff to act on the leads that come through a PMS website, it’s not necessarily maximizing the number of users who actually convert after arriving to your site. When a user finds their way to your site, their experience there can quickly make or break their likelihood of filling out a contact form, scheduling a tour, or starting an application. They need to be able to get a strong sense of your brand, easily navigate to the information that’s relevant to them, and be guided to the action you want them to take without feeling pressed. A website that puts the User Experience first, rather than lead flow, can generate more leads and conversions. Plus, a savvy web developer can help ensure your website integrates into your PMS suite even if you don’t use a template provided by the PMS itself.

Not only that, but these PMS websites don’t provide easy ways to perform a website refresh as trends change, nor do they facilitate SEO updates to help ensure you’re incorporating the most effective keywords to maximize your qualified traffic. Working with an agency partner on your property website can give you the flexibility to update these elements as needed so you don’t get stuck with an out of date site.

Finally, using a template provided by popular PMS like Entrata and RentCafe means your website ends up looking like many other websites on the market. With limited options to choose from, it can be hard to find a template that reinforces your unique branding and stands out from your competitors. This means your site and your brand can become forgettable and fewer prospects keep you in mind as they move from the awareness phase to the consideration phase of their renter’s journey.

person using a PMS website template for apartment marketing

Pros and Cons of PMS Digital Marketing

Major Property Management Software like Yardi and Entrata offer an array of PPC advertising and SEM services, often supported by Google and Facebook Partnerships. While these PMS cover some of the most popular digital real estate marketing strategies like Google Search Ads, Google display ads, Remarketing ads, and Facebook ads, there are certain services they don’t cover. This typically includes emergent strategies like OTT & CTV ads and Addressable Marketing campaigns.

And that’s just in the digital marketing bucket; there are also many traditional marketing tactics that could supplement these digital strategies, which PMS do not assist with. For brochure design, exterior signage, flyers, leasing office design, and more, you’ll get more help from a full-service real estate marketing agency partner.

Additionally, while their CRM platforms make it easier to automate lead nurturing efforts and renewal campaigns over email, they don’t always assist with the creative process of copywriting and designing beautiful emails that earn opens, clicks, and conversions. A real estate marketing agency is typically better equipped provide email marketing options that coordinate with your unique branding and utilize best practices that result in increased brand awareness, loyalty, and conversion actions.

Pros and Cons of PMS Customer Service

Your mileage may vary when it comes to the PMS customer experience. While some PMS platforms assign account managers (sometimes at a premium) and have experts available to work with you to optimize and implement your real estate marketing strategy, there are others that follow the more bare-bones SaaS model that emphasizes the ability to do it yourself. For example, G5 promotes its “Knowledge Base” as a Customer Care strategy, but isn’t focused on providing individualized customer service that is responsive to your input and unique needs. In general, Software as a Service products focus on making it easy for the average user to get what they need without hands-on attention, which is what allows them to cut down costs and serve more clients at once.

The downside of the SaaS model is that the end user has less flexibility and less assistance when they need it. Software aren’t flexible to feedback from a leasing agent and they don’t automatically adjust to changes in your audience or in your marketing goals. While some Property Management Software companies offer calls to review strategy and discuss optimizations with expert consultants, you’ll typically get more communication and hands-on campaign management from a real estate marketing agency where you have a dedicated account manager and regular reporting calls.

real estate agency customer service rep

The Best Real Estate Marketing Solution

So, taking all these pros and cons into account, should you use a PMS or rely on a real estate marketing agency instead?

Ultimately, the answer is that you don’t necessarily have to choose one or the other. For many, a hybrid approach is the best option. Leading Property Management Software offer excellent CRM, budgeting tools, resident portals, and other solutions. But adding a real estate marketing agency to the mix helps you leverage better website design, more diverse advertising mixes, and more consistent branding while also enjoying the benefits of hands-on customer service, which ultimately enhances results.

For those with the budget to do so, even a modest one, we recommend combining PMS with a marketing agency relationship.

How To Adjust Your Digital Real Estate Marketing Strategy in the Era of Consumer Privacy Concerns

How To Adjust Your Digital Real Estate Marketing Strategy in the Era of Consumer Privacy Concerns

photo of the author, digital marketing strategist Written by David Belachew, Digital Marketing Strategist

Ever since Apple’s announcement of their all new App Tracking Transparency feature (ATT) last summer, anxiety has been rampant for digital real estate marketers in the multi-family housing industry. ATT will require app developers and partners such as Facebook and Google, to ask users permission “to track their actions across other third party apps, websites, or offline properties for targeted advertising or advertising measurement purposes.” Within the first week of the launch of ATT on April 28th, over 96% of iOS 14 users have chosen to opt out of app tracking.

Initially, digital real estate marketers were all fearful of the impact of losing valuable tracking data from these users. Without this information, digital real estate marketers will have a more difficult time assessing the performance of their digital campaigns and will likely have less data to rely on when making budget allocation decisions.

However, in response to the feedback shared by advertisers from some of Apple’s largest partners, Apple rolled out a tool called SKAdNetwork, which will allow advertisers to “measure the success of their ad campaigns while maintaining the privacy of their users.”

In conjunction with SKAdnetwork, both Facebook and Google have rolled out new features and policy updates that will also balance both the privacy concerns of users and ad attribution concerns of their digital advertising partners.

We recommend that digital real estate marketers who actively use Facebook and Google advertising platforms follow these platforms’ new guidelines to offset the negative impact of the ATT on their campaigns. With that in mind, this blog will provide you with some valuable tips on how you can improve the performance of your digital campaigns and confidently report on online behavior of iOS 14 users on your real estate website.

Use Diverse Sources Of Remarketing

As more users choose to opt out of tracking on their iOS 14 devices, both Google and Facebook expect to have a smaller pool of users from their website remarketing audiences. This means that getting the desired results from campaigns whose objective is to remarket users based on their online activity on your property’s website will become more difficult.

With that being said, we recommend that digital real estate marketers diversify their retargeting audience sources to improve the reach and performance of their remarketing campaigns. These sources may include, but are not limited to users that:

  • Viewed a specific percentage of a real estate marketing video asset, including from YouTube and Facebook videos, or videos embedded on your property’s website
  • Engaged or commented on an organic post from your property’s Facebook or Instagram page
  • Clicked on the call to action button from your property’s Facebook or Instagram ad

By expanding your retargeting sources beyond just your website visitors, you will lessen the likelihood of losing the opportunity to promote your property to iOS14 users.

person interacting with digital real estate marketing on Instagram

CRM Tool Integration

Even as Google and Facebook implement new attribution modeling techniques that will estimate the volume of conversion actions generated from iOS14 users, both companies have been vague about how large of a negative impact ATT will have on reported conversion attribution from campaigns on their advertising platforms.

With that being said, there are several tools from popular CRM platforms in the housing industry that have the ability to fire native events directly to leading tag management and analytics platforms such as Google Tag Manager and Google Analytics.

These leading CRMs and tools include, but are not limited to:

  • Setmore – A popular scheduling tool used by property managers to schedule in-person and virtual tours with prospects
  • RentCafe – A popular CRM used by property managers to help develop their property’s website, provide an applicant and resident portal for the property, and help improve resident retention
  • Knock Doorway Bot – Similar to the G5 bot, this bot, developed by Knock, helps pre-qualify users by providing them pricing and floor plan availability and also encourages users to schedule virtual or in-person tours and complete a contact form submission.

Integrate Your Google Analytics and Google Ads Accounts

As mentioned above, integrating your CRM with a compatible analytics platform can go a long way to understanding user behavior on your property’s website. However, if you use Google Analytics (GA) to track and report on traffic activity on your property’s website, there are several actions you can take now to better understand the performance of your campaign across most platforms, which will allow you to make smarter optimization decisions.

using Google Analytics for digital real estate marketing

From contact form submissions to completed applications, you can create Goals from your Google Analytics account to measure valuable actions taken by users on your property website. Once these goals are created, you can measure the volume of goal completions across multiple channels, such as organic, paid search, paid social, display, etc.

You can also transfer your GA goals as conversion actions into your Google Ads account. Once you complete your conversion configuration on Google Ads, these conversion actions can be reported and optimized from your paid search and display campaigns and may lead to a higher volume of qualified leads generated on your website.

Another added benefit of linking your Google Analytics account to your Google Ads account is that you can better fine-tune your website remarketing audiences. You can configure your remarketing audience by focusing on users who visited a minimum threshold of pages on your website, spent a specific amount of time on-site, and so much more. These remarketing audiences will ensure that your display campaigns will only target users who are more likely to convert on your website while filtering out users who have shown little interest in your property.

How Data Regulations Will Affect Apartment Marketing in 2021 and Beyond

How Data Regulations Will Affect Apartment Marketing in 2021 and Beyond

People around the world are becoming more aware that their data is being leveraged, and not everyone is comfortable with that. Although data aggregation has been part of the internet experience since the genesis of Web 2.0, it hasn’t always been clear to users what info is being gathered and why. As more users have become aware of the prevalence of data aggregation, some have pushed for increased oversight governing how a person’s data can be used. As we anticipate the possibility of federal legislation to address these concerns as well as the likelihood of further platform changes like the various ad targeting changes implemented by Facebook and Google in 2019-2021, we can expect those changes to impact apartment marketing in 2021 and beyond.

Any website that offers a personalized experience leverages your data in some way, whether that data is your current browsing behavior, demographic information, or credit history. When sites gather your data through cookies or 3rd party data exchanges, the ultimate goal is typically to gain a holistic representation of who you are so that the site can improve the user experience, show you content you’re more likely to engage with, and ultimately profit off your attention in some way (consider, for example, retargeting ads for items you recently viewed on an ecommerce website).

Let’s pause to briefly lay out some definitions: Cookies are small files saved to your computer that record what websites you’ve been on, what you’ve clicked or viewed, and sometimes what passwords you’ve saved. Cookies allow a website to see where else you visited before you arrived at your current digital destination. Third party data exchanges are when one platform obtains your data from another platform in order to combine multiple sets of data to get a fuller picture of who you are and how you behave online. For example, Equifax might sell your data to Google so that Google knows how much money you make in addition to the information they already have about your search history.

How Rising Concerns Around Data Misuse Have Changed the Advertising Landscape

data aggregation for apartment marketing strategies

Although data aggregation is often relatively innocuous, there are ways in which it’s vulnerable to misuse. The Cambridge Analytica scandal, in which Cambridge Analytica purchased the data of millions of Facebook users without the users’ consent and used it to inform political campaigns, was for many the catalyzing event that set off a surge of concerns over data aggregation. “Who has my data, how much do they have, and why?” Many users wondered. “Who is protecting my data from misuse? And who is held responsible when misuse occurs?”

In the wake of this expanding concern, legislators have been pressed to address this situation with clear legislation restricting how data aggregation tactics like cookies and 3rd party data exchanges can be used. The CCPA (California Consumer Privacy Act) was the first example of a state legislating around data use. If you’re constantly being prompted to accept the use of cookies by sites you visit, that’s because of the CCPA, which has spotlighted cookie tracking in particular. Not only does the CCPA affect specifically Californian websites, it also has the potential to affect any website getting traffic from users in California, so more and more websites have rushed to cover their bases by adding these opt-in prompts.

The CCPA isn’t the only legal follow-up to the rise in data privacy concerns. Facebook also came under fire in 2019 because it allowed advertisers to use Facebook’s data aggregation to target ads in ways that violated the Fair Housing Act, leading the platform to establish restrictions on ad targeting capabilities specifically for housing, loan, and finance ads. Google soon followed suit, introducing new housing, loan, and finance categories in Google Ads and restricting the targeting capabilities of those ads.

The GDPR (General Data Protection Regulation) was also implemented by the EU in May 2018 with the aim of giving individuals more control over their personal data. It applies to any enterprise that is processing the data of a person inside the EU.

Apple was the next major platform to launch changes to its data use policy, implementing new requirements for apps in the App Store on devices running iOS 14. Apps that engage in data tracking through tools like the Facebook pixel or cookies must now prompt users to opt in to this data tracking. Only after a user has opted in may that app collect their data.

Additionally, Google announced in March 2021 that it would be phasing out 3rd party data tracking entirely for users browsing the internet on Chrome. Their new strategy is called FLoC (Federated Learning of Cohorts), which adds users to various audience “cohorts” based on their browsing behaviors. Advertisers can then target their ads to cohorts, but cannot further refine their targeting on a user-by-user basis. We expect Google’s strategy to direct the rest of the industry, as many platforms will be taking their cues from this media giant. We can likely expect additional platforms to implement similar changes.

How Data Regulation Will Affect Apartment Marketing

the current landscape of data regulation and apartment marketing

Since the housing industry has already been the focus of certain early data use regulations, prompting the changes made by Facebook and Google in 2019 and 2020, apartment marketers are ahead of the curve somewhat when it comes to data regulation changes. However, more changes are likely coming, and it’s not entirely clear what they might be. Right now, it’s a waiting game to see how data regulations will be legislated and what further changes individual platforms like Facebook and Google may implement either in response to or independently of new regulations. It’s worth noting, however, that congressional committees have held hearings on data privacy, so a federal regulation of some kind is likely, we just don’t know what the specifics will be.

We also don’t yet know how 3rd party data or cookie tracking limitations will be reflected in advertising platforms if regulations are created to restrict them. It’s unknown whether these platforms will update their internal algorithms for ad targeting to reflect or counteract the new data restrictions, and if so, how they would do it. While Google and Facebook have already updated their policies around 3rd party data tracking, a federal regulation could require further updates from these platforms.

Still, there are preparations that can be made in anticipation of these potential outcomes. Many vendors are now planning ahead for the potential that cookie use will become restricted. Since cookies track your browsing behaviors across multiple websites, eliminating this element means the focus has to be on 1st party behavioral cues—what you’re doing right now on their website, including in-site searches. Vendors are also looking to rely more on 1st party data and less on 3rd party data.

Cookie removal would affect the platforms where many real estate marketing agencies conduct their advertising. Long-tail tracking will be more challenging, as will multi-session lead attribution. Single-session lead attribution, however, could still be tracked effectively.

lead tracking for apartments

Retargeting campaigns relying on 3rd party data tracking (e.g. targeting users who visited a property website) may become a thing of the past, depending on how data use is regulated in the future. Paid Search campaigns, however, will likely be unaffected, since they rely on current, 1st-party user search behavior, not on behaviors that have been tracked using a cookie.

Real estate marketers using advanced chatbots that use cookies to predict user needs (like what floor plans someone might be interested in, for example) should be aware that upcoming regulations may necessitate a downgrade to a less sophisticated chatbot. More immediately, you should ensure that your website prompts a user to accept the use of cookies, if you haven’t done so already. Otherwise you risk being sued by the state of California.

Rest assured that once we know more, we’ll cover it on ThreshNews. Check back for the latest in data regulation and how it’s impacting apartment marketing in 2021 and beyond.

How To Make Your Apartment Marketing Fair Housing Compliant

How To Make Your Apartment Marketing Fair Housing Compliant

For real estate developers, leasing and property management teams, apartment marketing agencies, and in-house real estate marketers alike, fair housing requirements have been an evolving consideration when it comes to how we do our jobs. With guidelines still emerging and clarifying, especially for the digital space, this topic can sometimes feel like a moving target. Regardless, it’s essential to put in the time and attention required to understand how legislation like the Fair Housing Act (FHA) works to reduce housing inequality across factors like race, disability, and national origin.

Our goal with this article is not to replace your legal counsel, but to provide our learnings and recommendations for FHA-compliant apartment marketing that supports a more equitable housing market. Our goal is to empower you with a better understanding of how you can not only act within the guidelines of FHA law, but more importantly, how you can avoid inequitable impact toward disadvantaged groups when you market your housing to your audience. After all, inequitable impact can occur more easily than you might think, and much of it is done unintentionally. But take heart, real estate marketers; a little extra effort and consideration can go a very long way.

So let’s start by introducing the Fair Housing Act, then we’ll discuss our recommendations and action items for marketers like you.

What is the Fair Housing Act?

The Fair Housing Act prohibits the making, printing, and publishing of advertisements that indicate a preference, limitation, or discrimination because of race, color, religion, sex, disability, familial status, or national origin.

It’s designed to not only outlaw explicit housing discrimination against these protected classes of people, but also to reduce housing inequality that may be caused in unintentional or subtle ways.

Housing Inequality refers to a disparity in housing availability and quality across variables like race, class, disability, and more. Housing inequality is typically a result of systemic factors both past and present, from Red-lining to wage inequality. 

Housing inequality may include…

  • less housing available to certain groups
  • less affordable housing available than demand requires
  • less access to local resources (e.g. schools, parks, transportation, social services) for certain groups due to where they predominantly live
  • and more.

History of the Fair Housing Act

The FHA is considered amongst the last major acts of the ‘60s Civil Rights Movement. It was called for by civil rights activists of the 60’s including Martin Luther King, Jr., who demanded an end to redlining and other discriminatory housing practices that were preventing many Black and Latinx people from renting in certain neighborhoods. The act had been introduced to Congress when MLK was assassinated on April 4th, 1968, increasing pressure on Congress to pass the bill. It was then passed prior to MLK’s funeral.

But the FHA didn’t end housing inequality. While it has positively impacted many Black and brown renters and homeowners, a variety of systemic factors still result in housing inequality today. For example, the FHA did little to disrupt a trend of “white flight” between 1950 to 1980, when the Black population in America’s urban centers increased from 6.1M to 15.3M. During this time, whites moved out to the suburbs, taking many of the employment opportunities Black people needed into communities where they were not welcome.

Since its initial passing, a number of amendments and provisions have expanded the language of the FHA. Notably, in 1988, Congress passed the Fair Housing Amendments Act, expanding the classes protected by the act to include disability and familial status (e.g. people currently pregnant or with children).

During the Obama administration, the AFFH (Affordably Furthering Fair Housing) provision of the FHA was introduced, which expanded both accountability and resources given to cities and regional governments receiving HUD (Dept. of Housing & Urban Development) funding. These rules and resources were designed to Affirmatively Further Fair Housing by incentivizing fair housing efforts at the governmental level. However, in 2020, the Trump administration amended this provision, rolling back most of the accountability and resources provided by the provision. This change makes it less likely for fair and affordable housing to be built, but it doesn’t ultimately impact a marketer’s responsibilities to either the FHA law or to ethical ideals.

Protected Classes Under the Fair Housing Act

Race, color, religion, sex, disability, familial status, and national origin are all protected classes under the FHA.

Many state and local laws have more expansive fair housing protections that prohibit housing discrimination based on additional protected classes, such as sexual orientation, marital status, source of income, and use of Housing Choice Vouchers.

In some cases, political affiliation may also be a protected class according to a webinar by the National Fair Housing Alliance.

Below are a few examples of who and what these protected classes cover and don’t cover.

protected characteristics to know to make your apartment marketing fair housing compliant

What Counts As “Advertising” Under the Fair Housing Act

It’s important to realize that under the FHA, the definition of advertising is actually very broad. It includes…

  • print and online advertisements
  • print materials such as brochures or applications
  • television and radio ads
  • and even speech.

In other words, the FHA can cover messaging from a brand or people associated with the brand even across media that may not strictly be advertisements as typically defined. For example, expressing an illegal preference or limitation to one of your fellow agents, brokers, employees, prospective sellers, renters, or to any other person in connection with the sale or rental of your property is illegal under the FHA. Here are two examples of illegal advertising that you may not have realized were violations of the Fair Housing Act (examples provided by the Fair Housing Institute).

  • A maintenance man tells a passer-by that “only real Americans” live in the apartment complex where he works.
  • A rental office is decorated with many large pictures of the residents participating in the community’s facilities and amenities such as exercising in the weight room, swimming, and playing volleyball and tennis. However, all of the pictures are of white, young, “yuppies;” none of the pictures shows children, or persons of differing races or nationalities.

Best Practices for Fair Housing Compliant Marketing

FHA-Compliant Copywriting

When it comes to writing fair housing compliant copy for your apartment marketing materials, it’s important first and foremost to use inclusive language as often as possible. This includes the following:

  • Use gender-neutral terms and pronouns as often as possible. (e.g. “partner” or “spouse” instead of “husband” or “wife;” “child” or “student” instead of “son or daughter;” “they/them” instead of “he or she/him or her;” etc.)
  • Avoid mentioning specific religious holidays or practices
  • Avoid mentioning specific national or regional origins

It’s also wise to eliminate the use of buzzwords like “Restricted,” “Exclusive,” or “Limited,” as these have been associated with discriminatory practices in the past. If tempted to use these sorts of buzzwords, consider similar words instead like “Luxurious,” “Deluxe,” “Quality,” or “Sophisticated.”

It’s also important to avoid the temptation to speak about who you see as the ideal resident of your community. For example, if you have a community with a playground, you might be tempted to say that your apartments are “perfect for families,” but this expresses an illegal discrimination or preference for one of the protected classes under the FHA. Instead of indicating who you think should live at your community, focus on the amenities, features, and local attractions your property offers. Always offer truthful information about the availability, price, amenities, and features of a housing unit and leave it up to your prospects to determine whether the community is right for them.

In addition, when writing copy for websites, social media posts, articles, and the like, consider how legible the copy will be to a person reading your content via a screen reader program rather than by sight alone. Use capitalization and punctuation in ways that make it easier for these screen reader programs to parse copy (e.g. capitalize each word in a hashtag as in #ScreenReader).

FHA-Compliant Design

When it comes to design, representing diversity should be a top priority whether you’re launching new ads or designing a website. Use photos of diverse groups of people from all protected classes whenever possible. If you have to depict just one or two people in a given image, consider depicting a person or people from another protected class in the next image. In general, your goal is to provide an overall impression of diversity for a user that encounters your brand assets. Don’t forget that diversity doesn’t just include racial diversity, it also includes things like gender, disability, and religious diversity.

It’s also wise to incorporate the Equal Housing Opportunity logo in your ads and on your website. While the Fair Housing Act itself does not require the use of Equal Opportunity logo in any ad, using the logo does show your company’s commitment to fair housing compliance. 

Equal Housing Opportunity Icon for Fair Housing Compliant Apartment Marketing

Similarly, we recommend incorporating the Americans with Disabilities Act Icon wherever relevant, such as on a floor plans or community amenities page. Several federal laws require that private and federally-assisted housing be accessible to persons with disabilities. While this icon is not required on marketing materials, it acts as further evidence of your company’s commitment to fair housing compliance and encourages people with disabilities to apply to live at your community if they see the icon on your website or other assets.

Americans with Disabilities Act Icon for Fair Housing Compliant Apartment Marketing

For more resources on creating accessible design across digital and print marketing, we recommend looking into dedicated resources like W3’s Web Accessibility Initiative, UX Design’s post on Accessible Design, and Smashing Magazine’s article on Designing for Accessibility and Inclusion.

ADA-Compliant Websites and Accessibility

While the Americans With Disabilities Act prohibits discrimination on the basis of disability, it doesn’t provide much in the way of accessibility guidelines to determine how accessible a website is to people with various disabilities. To put it generally, everyone, including persons with disabilities, should be able to enjoy the “full and equal” use of your website; they should be able to access content, navigate your website smoothly, engage with different elements, etc.

When it comes to more concrete guidelines, U.S. courts and the Department of Justice have continually referenced the Web Content Accessibility Guidelines (WCAG) 2.0 Level AA success criteria as the standard to gauge whether websites are accessible. The WCAG 2.0 AA success criteria are comprised of 38 requirements and you can learn more at W3’s Web Content Accessibility Guidelines (WCAG) Overview. Although there is a lot here to sift through, WCAG 3.0 is scheduled for release in 2021 and is intended to be a much more inclusive set of guidelines that are easier to understand and implement.

Using an accessibility widget is a great way to cover many of the WCAG guidelines for your website. An accessibility widget is a plugin that helps users with disabilities access the site and may allow users to adjust factors like contrast and font size, use keyboard navigation or page readers, and stop animations on the site. No plugin guarantees 100% coverage of the WCAG guidelines, but nevertheless, they are a great addition to your website.

Accessibility Widget for ADA-Compliant Apartment Marketing

FHA’s Impact on Digital Advertising for Apartments

Thanks to guidance from the Fair Housing Act and similar legislation, the housing industry has emerged as one of the first to receive official legal guidelines for digital advertising tactics. While traditional marketing has operated under clearer legislation, the digital space has long been a legal frontier as legislators, courts, and thought leaders work to catch up.

In 2019, platforms like Facebook and Google, who represent the lion’s share of digital advertising space, began making changes to their advertising options. To summarize, the platforms have now eliminated or adjusted a number of targeting options for ads falling into the categories of housing and finance in order to bring their platforms into better accordance with FHA and similar legislation. These changes—such as the removal of zip code targeting, age targeting, and targeting based on certain interests—reduce the possibility of inequitable impact across the protected classes under the FHA. You can learn more about Facebook’s targeting changes and Google’s targeting changes in our other posts, linked here.

What We Expect To See Next For Digital Marketing

These targeting changes on Facebook and Google are likely to act as forward momentum for similar such changes in the future. We expect cookie privacy and other privacy concerns to be a large part of the discussion in the coming years. We also expect other platforms beyond Facebook and Google to begin seeing regulation (if they don’t initiate changes proactively themselves).