Realtors vote to forbid discriminatory web posts
The National Association of Realtors voted Friday to bar members from making discriminatory posts on social media.
“Combatting and overcoming bigotry and injustice starts with each of us,” said Vince Malta, president of the National Association of Realtors, in a statement shortly after the vote.
The proposal was put into motion by George Floyd’s death in May. During the protests against police tactics, which included an officer kneeling on Floyd’s neck for nearly nine minutes, many took to social media to voice their views, and real estate associations across the nation began receiving complaints about racist posts.
Messages by Houston real estate agents included one that said “I think black people bring out the worst in us” and another that said “Just take the fire truck hoses and start moving them out!”
After the complaints, the National Association of Realtors proposed banning harassing speech based on race or other protected classes. The organization, which represents 1.4 million real estate agents, also proposed making its code of ethics applicable to real estate agents’ conduct at all times, even when they are not working on a transaction. The
proposals prompted an outcry by some who said the move violated their freedom of speech.
Others said the rules were required by law because real estate agents cannot discriminate against protected classes, including people of different races, and often reach clients through social media.
The proposals go in effect immediately, though they do not apply to any behavior that took place before Nov. 13. Under the new policy, Realtors cannot make social media statements harassing people of a certain race, color, religion, sex, handicap, familial status, national origin, sexual orientation or gender identity.
Michica “Mish” Guillory, a Houston real estate broker who owns a real estate school, praised the change.
“As Realtors, when we joined this prestigious organization, we chose to abide by laws that state we must treat the public fairly,” she said. “I believe in free press and the freedom of speech. But freedom of speech does not mean freedom from repercussions.”
If a local association, such as the Houston Association of Realtors, receives a complaint alleging a violation of the newpolicy, it will hold a hearing to assess the case. Violators could lose membership to the national association — and therefore the Texas and Houston associations of Realtors — though that would not mean a person is no longer a real estate agent.
Real estate licenses are issued by the Texas Real Estate Commission, which has stated it does not have jurisdiction to take action for comments on social media. And the Houston Association of Realtors allows non-member agents to access its database of home sales and listings data, known as a multiple listing service, which is necessary to work in the area because there is no other way to research comparable home sales in the state.
Instead, outsiders are cut off from networking events, trainings and Realtor discounts, aswell as any reputational boost they may have received from operating under the Realtor brand, which holds its members to a code of ethics.
In response to concerns regarding freedom of speech, the association has pointed out that, while the First Amendment bars government from abridging the freedom of speech, it does not prohibit a private organization from restricting the speech of its members.
“As Realtors, when we joined this prestigious organization, we chose to abide by laws that state we must treat the public fairly.” Michica “Mish” Guillory, Houston real estate broker