Lew Sichelman

In an unusual, if not unprecedented, move for a major trade organization, the National Association of Realtors has taken full ownership for any and all discriminatory actions taken over the years by the 1.4 million agents and brokers for which it speaks. 

Of course, realty pros arent the only ones who have been complicit in directing people of color away from white neighborhoods, pushing them into more expensive financing or denying them access to homeownership altogether. Lenders and appraisers have been part of the problem, too  and so have some owners, who refuse to sell to African Americans. 

But on the day after he was installed as the 2021 president of NAR  the nations largest trade association  Charlie Oppler apologized on behalf of the business for past policies that contributed to segregation and racial inequality in America. 

In 1968, the group opposed passage of the Fair Housing Act. And at one time, it excluded some members of the profession based on both race and sex. The discrimination was all part of what NAR now said was a systematic policy of residential racial segregation led by the federal government and supported by the banking system and other segments of the real estate business. 

Response to Two Incidents 

But two recent events, in particular, underscored the need for the association to take the racial inequity bull by the horns. One was a three-year investigation by New York publication Newsday, which found widespread separate and unequal treatment of minorities by nearly 100 Long Island agents. Published in late 2019, the study covered some 5,750 listings and found that Asians were discriminated against 19 percent of the time; Hispanics, 39 percent of the time; and African Americans, 49 percent. 

The other occurred in October in Scottsdale, Arizona, where a real estate agent confronted two Black men who were filming in front of his condominium building, telling them that the area was a no n—- zone. He was arrested and charged with misdemeanor disorderly conduct and was subsequently fired by his brokerage. 

What Realtors did was an outrage to our morals and our ideals. It was a betrayal of our commitment to fairness and equality … We were wrong, Oppler said during a virtual summit on fair housing in November. On behalf of our industry, we can say that what Realtors did was shameful, and we are sorry. 

Oppler said that his organization intends to look the problem squarely in the eye and assume a leadership role in fighting for fair housing going forward. In that regard, it has adopted an initiative it calls ACT: Accountability, Cultural Change and Training. 

Among other things, NARs Fair Housing Action plan, which was approved a year ago, has created an interactive software program that should help agents identify and confront discriminatory situations. 

In another step, NAR has amended its code of ethics to make it a violation to use harassing or hate speech toward any protected class: race, color, religion, sex, handicap, family status, national origin, sexual orientation and gender identity. 

Pushback on New Policy 

But while the simulation program has been received well, the code addition is getting pushback: Some members say it goes too far because it bans such speech anywhere, at any time. That, they say, impinges on their right to free speech. 

I dont need any bureaucrat monitoring my speech, a California agent complained on the ActiveRain real estate site.  

This rule applies to what someone does outside of their activities as a Realtor, said an agent in South Carolina. Others agreed, calling the rule overreach and foolish. 

There were more than a score of comments like these. But Oppler said he hasnt received one negative call on the issue.  

We hold our members to a higher level, Oppler told me during a telephone press briefing. Our intent is to stop members from engaging in hate. Its not positive for our industry. 

And, the trade group has no issues, at least officially, on members who took part in the disturbance earlier this month in Washington, D.C. At least two real estate professionals have been identified among the throngs who broke into the Capitol, smashing windows and doors and otherwise defiling the place. 

Not Just Realtors 

Meanwhile, four appraisal organizations have come together to tackle unconscious behavior in valuing properties. Unlike NAR, the groups did not admit that their members engaged in discriminatory practices. But acknowledging that bias exists is but one small step, Lorrie Beaumont, president of the 5,500-member American Society of Appraisers, said in a statement. 

According to a 2018 report published by the American Sociological Association, racial composition is inextricably linked to housing appraisals. The study found that in Harris County, Texas, comparable houses in Black and Hispanic neighborhoods were valued systematically lower than in white communities. 

And last August, according to a New York Times story, a mixed-race Florida couple suspected bias when an appraiser valued their house far less than neighboring properties. After the couple removed family photos and books by Black authors  personal effects that would indicate a Black person lived there  a second appraiser said the place was worth more than 40 percent more. 

Lew Sichelman has been covering real estate for more than 50 years. He is a regular contributor to numerous shelter magazines and housing and housing-finance industry publications. Readers can contact him at lsichelman@aol.com. 

Realtors Grapple with New Hate Speech Rules

by Lew Sichelman time to read: 4 min