It says right on the wiki page:
Advertising the sale or rental of a dwelling indicating preference, limitation, or discrimination based on race, color, religion, sex, handicap, familial status, disability or national origin.
Tech has changed so you can do the targeting. You are violating the spirit of the law. The point is if you make sure blacks, Mexicans, or women can't see your ad you are trying to exclude them.
> The spirit of the law is to prohibit public racial propaganda. The spirit of the law is NOT about hunting down private biases.
I have no idea what you’re talking about with the “propaganda”, but everything you need to know is right there in the announcement: “The Fair Housing Act prohibits discrimination in housing transactions including print and online advertisement on the basis of race, color, national origin, religion, sex, disability, or familial status. HUD's Secretary-initiated complaint follows the Department's investigation into Facebook's advertising platform which includes targeting tools that enable advertisers to filter prospective tenants or homebuyers based on these protected classes.”
So both the spirit and letter of the law forbid discrimination, and they are arguing that Facebook enables illegal discrimination on their platform.
>>(c) To make, print, or publish, or cause to be made, printed, or published any notice, statement, or advertisement, with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, religion, sex, handicap, familial status, or national origin, or an intention to make any such preference, limitation, or discrimination.
I am convinced half these commenters are just being disingenuous just for the sake of it. These sorts of cases are settled and straightforward, we have a half century of case law plus multiple publications from HUD that directly address this issue. Craigslist actually does an excellent job of summarizing the laws and giving specific examples of illegal advertisements.
That link says nothing about targeted ads. It talks about the content of the advertisements.
Mind you, I do think that ads targeted only to e.g. certain races are crappy and probably violate the law, but that certainly isn't as obvious from the links people are providing.
It may be easier to believe they are being disingenuous but the real answer is probably that they are in fact racist.
Its a hard truth to swallow.
The rest of this isn't directed just at you astura.
If this was some random Facebook or 4chan comment would you be so quick to come to that rationalization?
I feel we like to think the individuals we associate with on HN are like minded. To admit they aren't is almost a personal affront. To keep the disillusion going we must rationalize and make up excuses for them or how they behave.
Give me a break. Not everybody that disagrees with you is a racist. Landlord that prefer to not have couples with children aren’t racist.
I too am confused how targeting may be illegal under a law that forbids discrimination and discriminating content of ads - I am not familiar with the law. Lack of knowledge/understanding doesn’t make me “racist”.
Some other comments in this inflammatory thread helped me get the point, but your attacks on everybody as racists-by-defaul are deeply bigoted and insulting.
Not by default. After posting a comment supportive of denying the possibility of buying a house based on race and then making up rationalizations for why it's okay. Do you really believe in all of the hundreds of comments from various commentors that not one person here could actually really really in fact be racist?
Thinking about it, people who disagree with me by thinking that it is okay to deny housing based on race is by definition racist, no? The fact is clearly spelled out in law.
I'm not even saying someone disagrees with me. Where do you see that? I stated that there is casual racism in this thread.
I understand there is confusion in the law regarding targeting specifically. But stand back and take a look at the bigger picture of what the technology we create could allow. Like other real self proclaimed proud racists who would only use the service without understanding how it works.
It's not that it's targeting. It's not allowing those your not targeting to be part of the open market.
If you are something, someone calling it out is not an attack or bigotry. Sometimes the truth hurts.
I don't see it as fair. I am not American so I am not familiar with the law. The other comment that replied to me explained why it's also illegal, without accusing anyone of racism.
I still don't believe that merely providing the option to create potentially discriminatory ads is a problem for Facebook, since the same options have perfectly valid usage. It should be the landlord's responsibility to use them correctly.
Why not disable them when it's invalid usage then?
Who did I accuse of racism? I stated people in the thread are being casually racist but didn't name any names.
Haven't we been learning as developers or operators that it's better to put processes and systems in place to prevent human error opposed to relying on human judgement alone? Why the slack with this issue?
How would you detect invalid usage? For example, targeting different text or pictures at different segments should be okay even for housing ads, as long as you don't exclude any segment.
Would you also require natural language processing to detect illegal text?
But there is selective use of advertising to target specific markets, which is an issue about which the Code of Federal Regulations, section 109.25 (https://www.hud.gov/sites/documents/DOC_7781.PDF) is completely clear:
> § 109.25 Selective use of advertising media or content.
> The selective use of advertising media or content when particular combinations thereof are
used exclusively with respect to various housing developments or sites can lead to discriminatory
results and may indicate a violation of the Fair Housing Act. For example, the use of English
language media alone or the exclusive use of media catering to the majority population in an area,
when, in such area, there are also available non-English language or other minority media, may
have discriminatory impact. Similarly, the selective use of human models in advertisements may
have discriminatory impact. The following are examples of the selective use of advertisements
which may be discriminatory:
> (a) Selective geographic advertisements. Such selective use may involve the strategic
placement of billboards; brochure advertisements distributed within a limited geographic area by
hand or in the mail; advertising in particular geographic coverage editions of major metropolitan
newspapers or in newspapers of limited circulation which are mainly advertising vehicles for
reaching a particular segment of the community; or displays or announcements available only in
selected sales offices.
> (b) Selective use of equal opportunity slogan or logo. When placing advertisements, such
selective use may involve placing the equal housing opportunity slogan or logo in advertising
reaching some geographic areas, but not others, or with respect to some properties but not others.
> (c) Selective use of human models when conducting an advertising campaign. Selective
advertising may involve an advertising campaign using human models primarily in media that cater
to one racial or national origin segment of the population without a complementary advertising
campaign that is directed at other groups. Another example may involve use of racially mixed
models by a developer to advertise one development and not others. Similar care must be
exercised in advertising in publications or other media directed at one particular sex, or at persons
without children. Such selective advertising may involve the use of human models of members of
only one sex, or of adults only, in displays, photographs or drawings to indicate preferences for one
sex or the other, or for adults to the exclusion of children.
Targeted advertising was already a thing when these regulations were written decades ago; internet advertising is just a difference in scale and cost.
dennisgorelik is correct, and you are wrong, as to a specific scenario which I would still consider to be a "housing transaction". It is 100% legal to discriminate on the basis of race, sex, or any other characteristic at all when choosing a roommate (a special form of renting out your property). It is 100% illegal to place advertisements indicating that you will reject roommates based on race, sex, or other protected characteristic. So in that case, the law is very specifically about the contents of the advertisement, not about the behavior of discriminating against certain renters.
So are you saying it's not the spirit and letter of the Fair Housing Act to forbid discrimination? Or are you saying that HUD is not arguing that Facebook enables illegal discrimination on their platform?
Well, since housing discrimination is fully legal under some circumstances, I would indeed say that it is neither the spirit nor the letter of the Fair Housing Act to forbid discrimination. What is the alternative view?
I'll take a stab. You have a rental house where you want to rent out to senior citizens (for whatever reason). You put your ad in the local AARP magazine. If a young couple stumble upon the ad in the magazine, they can read the ad and apply for your rental.
However, what FB is doing is...that young couple reads the magazine and can't see the ad, but a senior citizen can.
IANAL...and for what it's worth there's a similar lawsuit for age discrimination for job hiring. Post ads only for certain age target.
> young couple ... can't see the ad, but a senior citizen can
Yes. Which is a good thing, because it saves time both to renters and landlords.
It also does not offend anyone, because there is no public age discrimination wording in the ad.
The most important part for our discussion here: there is no public promotion of age superiority in these ads. Therefore this Fair_Housing_Act does NOT apply.
Lack of advertising is not the same as "refuse to sell".