According to the Guidance Regarding Advertisements Under 804(c) of the Fair Housing Act, Section 804(c) of the Act "prohibits the making, printing and publishing of advertisements which state a preference, limitation or discrimination on the basis of race, color, religion, sex, handicap, familial status, or national origin."

In other words, a home's features can limit or discriminate, but you can't.

Welcome to the litigious world of real estate.

Jokes broker Michelle Hamilton, "What enticing description would you use for two closets in a master bedroom? His and hers closets? Hers and hers closets? His and his closets? Perhaps we should say “his and hers closets but could be hers and hers, or his and his, or maybe the master deserves two closets to himself or herself.”

But she says, "And I can reference that my listing is near a public hospital, but not near a parochial college? What if it were a public hospital with a religious foundation (St. Jude’s Children’s Hospital)? Haven’t we gone beyond foolishness when a major landmark cannot be used?"

Hamilton's concerns are justified, but the housing code leaves brokers and agents a way out of this forest of questions.

The Guidance Regarding Advertisements is just that - a guide. It doesn't mean that words or phrases such as "Jack and Jill" bath will get you sued, only that the known violations will be considered as complaints.

This way the Fair Housing Act authorities don't have to get specific, or go to the trouble of providing a list of words or phrases. This allows you to use your best judgment. Stay away from whom you think should buy or rent a home and concentrate on the home's features.

For example, you can't say "third story walk-up provides daily exercise for the able-bodied tenant-owner." But you can say, "Third story walk-up overlooks a neighboring park. Service elevator available."

For additional guidance, ask your local association or local Fair Housing authority for a list of approved words such as this list provided by The Miami Valley Fair Housing Center.

Even then, questions may arise.

The list curiously allows the word "Snowbird" yet renders the phrase "empty nester" unacceptable. You can say "no college students" allowed, but you can't say "no couples."

The list does clarify the use of the word "family" in advertising, a word many practitioners erroneously think they have to avoid. Families can be composed of any combination of relationships, so the word itself isn't off limits unless you try to control what you think the definition of family should be. You can't say "families with children" aren't welcome to rent or buy, but you can certainly market features such as "family" rooms or "playyards for children," or homes that are "great for families."

These examples go a long way in showing how subjective Fair Housing advertising really can be.