Is an advertisement for a "female seeking female roommate" a violation of the Fair Housing Act?

The assertion that an advertisement for a "female seeking female roommate" falls under an exception for owner-occupied rentals is rooted in the specific provisions of the Fair Housing Act, which allows for certain exemptions in this context. The Act generally prohibits discrimination based on sex, among other factors, in housing-related advertisements and practices. However, there is an important exception for "Mrs. Murphy" housing, which applies to owner-occupied buildings with four or fewer residential units.

In this case, if an owner is seeking a roommate and occupies the property, they might have the right to specify the gender of the roommate. This is because the advertisement does not involve the broader market of rental housing which the Fair Housing Act aims to regulate to prevent discrimination. The nature of the roommate situation in an owner-occupied setting allows for personal preference in choosing a roommate, as long as the property is not being offered to the general public and no discriminatory practices are applied in broader rental operations.

This context provides a clearer understanding of why the advertisement may not constitute a violation, as it fits within the scope of personal choice allowed in an owner-occupied housing situation, provided no discrimination takes place in other housing practices.