Cal. Civ. Code § 910-2-8-5
Selective use of advertising media or content
Operative Text
Sec. 5. 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 IC 22-9.5. 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 advertisement which may be discriminatory: (1) Selective geographic advertisement may involve the following: (A) Strategic placement of billboards. (B) Brochure advertisements distributed within a limited geographic area by hand or in the mail. (C) 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. (D) Displays or announcements available only in selected sales office [sic., offices]. (2) Selective use of an equal opportunity slogan or logotype. When placing advertisements, use may involve placing the equal housing opportunity slogan or logotype in advertising reaching some geographic areas but not others or with respect to some properties but not others. (3) Selective advertising may involve an advertising campaign using human models primarily in media that cater to one (1) 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 (1) development and not others. Similar care must be exercised in advertising in publications or other media directed at one (1) particular sex or at persons without children. Such selective advertising may involve the use of human models of members of only one (1) sex or of adults only in displays, photographs, or drawings to indicate preferences for one (1) sex or the other or for adults to the exclusion of children.
Section 910-2-8-5 of 910 IAC 2 addresses how the selective or targeted use of advertising media and content in housing marketing can produce discriminatory effects, even without an explicitly discriminatory intent. The rule identifies several patterns — such as limiting ads to English-only outlets, concentrating billboard placement in certain neighborhoods, using human models that represent only one racial or demographic group, or applying the equal housing opportunity logo inconsistently across properties — as examples that may signal a violation of Indiana's Fair Housing Act (IC 22-9.5). The provision does not require proof of intent; the discriminatory impact of the advertising choices is itself the concern.
Plain English — not legal advice.
Operators subject to 910 IAC 2 § 910-2-8-5 generally ensure that their advertising programs reach a broad and demographically diverse audience rather than concentrating outreach in ways that effectively exclude protected groups. Compliant advertising practices typically include consistent placement of the equal housing opportunity slogan or logotype across all properties and all media outlets used, use of human models that reflect a range of racial, national-origin, sex, and family-status groups, and distribution of marketing materials — whether digital, print, or physical — across geographic areas without strategic omissions. Operators also commonly review whether their media mix, including language-specific outlets, covers the full range of communities present in the relevant market area.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 910 IAC 2 § 910-2-8-5, tenants and housing seekers have a basis to question whether a housing provider's advertising practices may have steered or excluded certain groups in violation of IC 22-9.5, Indiana's Fair Housing Act. If someone believes they were not reached by, or were effectively excluded from, a housing opportunity because of discriminatory advertising — such as ads limited to certain geographic areas, language communities, or demographic groups — that pattern may be relevant to a fair housing complaint. Tenant-rights organizations and the Indiana Civil Rights Commission are among the resources that can provide information about how such concerns are typically raised and pursued.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 15, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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