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Real Estate Associations

NAR urges HUD to withdraw misguided proposal on equal housing

(REAL ESTATE ASSOCIATIONS) NAR calls on HUD to reconsider their position concerning who can submit claims, there may be too many faulty claims and slow the help to those in need.

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The NAR requests that The HUD withdraw its amended proposal of the Fair Housing Act’s disparate impact standard as deeply rooted systemic discrimination has the potential to result in tons of unintentional inequity claims.

The Department of Housing and Urban Development (HUD) received a request yesterday from The National Association of Realtors (NAR) asking them to withdraw its recent proposal amending the “Disparate Impact” rule.

NAR believes that while the proposal is a needed and welcomed change, written in August 2019 to amend the HUD’s interpretation of the Fair Housing Act’s disparate impact standards meant to close a segregational gap, (highly-segregated neighborhoods, unfair treatment for people of color, credit inequality, etc.), the proposal creates separation instead of unity between U.S citizens and the NAR, it’s businesses and Realtors, by implementing rules that allow for an overwhelming amount of disparate impact claims.

In support of the August proposal, HUD’s secretary Ben Carson stated, “There is a lack of affordable housing in America today. This proposed rule is intended to increase legal clarity and promote the production and availability of housing in all areas while making sure every person is treated fairly under the law.”

The change to the Disparate Act opens the door for more claims reporting unequal treatment and/or discrimination intentionally. The theory here is not that deeply rooted systemic oppression can be stopped, but that maybe the easier accessibility to submit a claim will force Realtors to make lawfully supported decisions based on industry standards instead of opinions, ultimately holding Realtors who ignore ethical guidelines accountable.

Without the organization receiving the necessary tools and education required to make an impactful change, it will likely result in an overwhelming amount of unintentional discrimination claims. It is also important that the NAR holds the ability to protect its Realtors, their liberty, and rights to a free real estate market.

While it might seem ridiculous of them to ask the HUD to work collaboratively on the Disparate Act in order to provide equal housing, and fair treatment and support of both the NAR and U.S citizens, it’s a necessary business move on behalf of the NAR.

Nicole Kiernan is a Staff Writer at The American Genius who is chasing her dreams while pursuing her MFA in Creative Writing from Queen’s College, NY. A lover of all things literature, within her, poetry lives the loudest. As a single Mama, she spends her days running after her little human, however, seeking to redefine the world, she spends her nights curating, writing and dreaming of all things entrepreneur. Feel free to check her out on Instagram at @_Nicolekiernan!

Real Estate Associations

NAR pushes back on DOJ’s reneging on antitrust settlement

(REAL ESTATE) After coming to a settlement with the DOJ, the National Association of Realtors is petitioning the court to keep the DOJ from reneging.

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The National Association of Realtors (NAR) filed a petition in the U.S. District Court for the District of Columbia to push back on the Department of Justice’s (DOJ’s) reneging on their existing antitrust settlement agreement reached in November 2020.

In a statement NAR notes that the DOJ began attempting to “withdraw from that fully binding agreement in July 2021, after NAR had already begun to implement its term,” adding that this is “a breach of the agreement and the law.”

It is uncommon for the federal government to reach a settlement then go back on that agreement, which is why this stands out.

The Petition’s first line summarizes the scenario aptly: “The National Association of REALTORS® brings this petition to quash a Civil Investigative Demand (CID) issued by the Antitrust Division of the United States Department of Justice because it violates a binding settlement negotiated and agreed-to by the last Senate-confirmed head of the Antitrust Division.”

“The DOJ action should be considered null and invalid based on legal precedent alone,” said NAR President Charlie Oppler. “The DOJ must be governed by principle, and NAR simply expects the department to live up to its commitments.”

Oppler points to this case as damaging in the long-term for the federal government, as American’s trust and confidence would be eroded. If the DOJ can reconsider terms of any agreement, Oppler states, “If that view prevails, it would undermine the strong public policy in favor of upholding settlement agreements and public confidence that the government will keep its word in future cases.”

In their public statement, NAR asserts that they have always pushed for competition in the marketplace. We long ago agreed in our news stories, debunking the anti-trust suit allegations.

So will this petition make a difference? Going before the Courts is the only option for relief possible, and since the association took that step, NAR members we spoke with today feel optimistic. It appears that NAR is simply pushing for the DOJ to make good on an existing agreement, it’s not complicated.

“NAR remains hopeful the DOJ will honor its agreement,” Oppler said. “We also remain committed to advancing and defending independent and local real estate organizations that provide for greater economic opportunity and equity for small businesses and consumers of all backgrounds and financial means.”

Dig into the docs:

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Real Estate Associations

NAR and AARP partner to create livability index for house hunting

(REAL ESTATE ASSOCATIONS) The National Association of Realtors® and AARP integrated the AARP Livability Index scores across the Realtors Property Resource® platform.

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A neighborhood with close-together houses, with different livability factors.

When you’re searching for your dream home, there are a lot of things to consider besides what you can afford from a financial standpoint. Factors such as being able to have a short commute to work, living in an area with a good school district, or being close to nearby entertainment and restaurants are all things you might take a look at. These are all considered livability factors — the measure of how various community characteristics play into where you choose to live.

Having access to all this information can be difficult to come by, especially if you live out of state and aren’t familiar with the area. The information you do have access to is what is available in the home listing and answers you get from your realtor or seller, but not much else.

So, where can you go to get that information? Well, the National Association of Realtors® and AARP are making it less of a hassle to acquire that information. In a joint effort, the two are integrating the AARP Livability Index scores across the Realtors Property Resource® platform.

“One of AARP’s goals through this collaboration with NAR is to help people better understand their housing needs over their lifetime and address the barriers that prevent people from living in their desired communities as they age,” said Rodney Harrell, VP of Family, Home & Community at AARP. “We are thrilled about the AARP Livability Index integration as it will provide homebuyers and other movers with the necessary information to make informed choices that meet their needs for today and into the future.”

To assist and give property buyers a chance to make “age-friendly decisions and purchases for the home”, the Index will offer insights on community factors. The tool will access these 7 categories of livability:

  • Housing (affordability and access)
  • Neighborhood (access to life, work, and play)
  • Transportation (safe and convenient options)
  • Environment (clean air and water)
  • Health (prevention, access and quality)
  • Engagement (civic and social involvement)
  • Opportunity (inclusion and possibilities)

The tool will score each neighborhood between 0 to 100, with an average score being 50. Communities with more diverse features that appeal to all ages, incomes, and abilities will score higher than those that are not.

Although a total livability score is based on the average of all 7 category scores, the Index lets you customize your score based on your personal preferences. If transportation is more important to you than housing or the environment, the tool will take into account what you set as most important.

The AARP Livability Index will give Realtors® access to “robust national data” that can be broken down by address, ZIP Code, city, or county to share with buyers. This data will have information on updated metrics and policies. You’ll also be able to compare up to three community performances side by side and even share a score on social media.

What is considered “livable” is different for each person. It can be that affordable home right in the middle of town or that spacious house removed from the bustling city. Whatever your form of livability is, the AARP Livability Index score aims to help you find the right home in just the right community.

This story first appeared here in May 2021.

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Real Estate Associations

NAR updates code of ethics – here’s why it matters

(REAL ESTATE ASSOCIATION) The NAR amended their code of ethics to cover hate speech online – a decision for which we’ve been waiting for years.

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A welcome sign inside of a home that cannot be removed thanks to updated code of ethics

The National Association of Realtors voted to amend their realtor code of ethics in November 2020, leading to a crucial addition that will change the way realtors approach off-duty interactions and behavior—for the better.

This motion passed on the heels of several reports regarding disturbing speech and actions from realtors. While the comments in question were allegedly restricted to social media, some other members of the NAR went so far as to do things like remove property (e.g., Black Lives Matter signs) from neighbors’ yards. This clearly constitutes an ethical violation, but the line isn’t always so clear-cut—hence the updated code of ethics.

According to the revised code, any kind of hate speech or dissenting behavior toward protected classes from realtors will constitute a violation; this includes comments or harassment based on race, sex, gender identity, sexual orientation, religion, age, and much more. Should a realtor be found guilty of making such comments, they could face severe penalties.

Changing the code of ethics to reflect common decency is a part of this decision, but it isn’t the most important component. By adopting and enforcing these changes, the NAR gets one step closer to fair housing for all—something that many realtors consider to be of paramount value.

“[Fair housing] is something near and dear to my heart, and most Realtors’ hearts,” says Jennifer Stevenson, president of the New York State Association of Realtors and board member for the NAR.

Some may view this addition as meddlesome—after all, what one says in their private life and on social media has a certain impervious air to it. But the fact remains that realtors really are public servants; by that logic, they should be held accountable for their words whether they are on-duty or off—just like all other public servants.

Furthermore, realtors represent real estate as a whole; the institution itself deserves to be able to eradicate the member status of anyone who violates the ethics held by that institution. It’s a simple concept: Society is—or should be—moving towards greater acceptance and support of protected classes, and that support includes fair housing. Anyone who isn’t on board with that, even if it’s “just in their personal life”, should jump ship now.

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