Courtesy of Inman News
I was in Washington, D.C., for the National Association of Realtors’ midyear meetings along with the LGBTQ+ Real Estate Alliance’sHousing Policy Symposium. I met with so many Realtors and NAR leaders and was continuously reminded of how great the people in our industry are.
I participated in numerous discussions about Article 10-5 of the Realtor Code of Ethics. I even had the opportunity to speak at the open session of NAR’s Professional Standards Committee. During my time at the microphone, I shared several points, including reminders that:
- Many people in the LGBTQ+ community are fearful that their government and peers do not support their basic right to exist.
- Our members have recently indicated in a survey that real estate professionals are now the leading offenders regarding discrimination in real estate transactions.
- “Freedom of speech” is granted by the First Amendment and protects Americans from the government restricting their ability to speak freely but does not apply to private trade organizations like NAR.
While there were several people who had dissenting views — and some of them were flat-out bigoted and homophobic — the overwhelming sense I got, inside and outside the room, was that no one was in favor of allowing discrimination to rear its ugly head anywhere near our industry, including the buying and selling process.
Almost everyone agreed that Realtors have a unique role in the markets they serve, where they routinely engage with members of the public and generate business in almost every aspect of their lives. This includes visits to the supermarket, social media, philanthropy work and even their kids’ youth sports events. The list goes on.
Just about everyone agreed that it is nearly impossible to distinguish how a person’s discriminatory actions wouldn’t continue to be a violation of the Code of Ethics, no matter how the Board of Directors voted. Our “real estate-related” activities are woven into all facets of our lives.
Yet, after many hours of debate, NAR’s Board of Directors easily passed the new language in Article 10-5:
“Realtors, in their capacity as real estate professionals, in association with their real estate businesses, or in their real estate-related activities, shall not harass any person or persons based on race, color, religion, sex, disability, familial status, national origin, sexual orientation, or gender identity.
“As used in this Code of Ethics, harassment is unwelcome behavior directed at an individual or group based on one or more of the above protected characteristics where the purpose or effect of the behavior is to create a hostile, abusive, or intimidating environment which adversely affects their ability to access equal professional services or employment opportunity.
NAR’s Board passed the amendment knowing that the National Fair Housing Alliance has reported record-high levels of housing discrimination. The Alliance’s LGBTQ+ Real Estate Report just showed that housing discrimination against the LGBTQ+ community is on the rise as real estate professionals are once again the leading culprit of how such discrimination shows itself in the buying and selling process.
Many members of the LGBTQ+ Real Estate Alliance are upset. They wonder why NAR saw fit to make a change when even tighter standards are needed.
I agree with them. All I could do was share the rationale I’ve heard from those who voted in favor of the amendment.
Thankfully, several NAR leaders are joining our members this Friday afternoon for a town hall with Alliance members to address the changes in Article 10.5.
Alliance members won’t back down when confronted with anti-LGBTQ+ rhetoric. Nor do we believe that our estimates of 80,000 Realtors with an LGBTQ+ child will stand for any kind of bias. When we see it, we will say something. We will work with local, regional and state associations to ensure that offending Realtors are known.
The overwhelming number of Realtor-instances of discrimination against the LGBTQ+ community have been “unconscious bias,” and so many, including the 2,500 who have taken our Alliance Certified Ally Course, want to learn and get better. Those who have been intentional have been identified by our members and dealt with at the local level as appropriate.
No one in our industry has the right to discriminate against or disparage a group of people. If you need a reason why I believe that, look at the second column of page 1 of NAR’s Code of Ethics:
“Realtors can take no safer guide than that which has been handed down through the centuries, embodied in the Golden Rule, ‘Whatsoever ye would that others should do to you, do ye even so to them.’”
It really is that simple.
