Ban on hate speech added to Realtor Code of Ethics

The National Association of Realtors Board of Directors on Friday strengthened Realtors’ commitment to upholding fair housing ideals by approving a series of recommendations from NAR’S Professional Standards Committee making it a violation for Realtors to use harassing or hate speech and conduct toward any of the protected classes under Article 10 of the Realtor Code of Ethics. These recommendations come as the national Realtor group works to reaffirm its commitment to fair housing and fight against discrimination and inequality.

In a statement on Friday, NAR President Vince Malta, a broker at Malta & Co., Inc. in San Francisco, said, “I applaud NAR’S Board of Directors and our Professional Standards Committee for their efforts to raise the bar on the professionalism and private speech of America’s 1.4 million Realtors. Combatting and overcoming bigotry and injustice starts with each of us. Realtors today took tangible steps to ensure we are held to the highest possible standard while providing a mechanism of enforcement for those who violate our new policies.”

Article 10 of the Realtor Code of Ethics prohibits Realtors from discriminating on the basis of race, color, religion, sex, handicap, familial status, national origin, sexual orientation, or gender identity in the provision of professional services and in employment practices. The NAR board approved a new Standard of Practice under the Article, 10-5, that states, “Realtors must not use harassing speech, hate speech, epithets, or slurs” against members of those protected classes.

NAR’S Professional Standards Committee began looking at the issue when during the social unrest across the nation in late spring and summer, NAR and local and state associations received an unprecedented number of complaints about Realtors posting discriminatory speech and conduct online. Following months of meetings and deliberations, NAR’S Advisory Board recommended that its Code of Ethics apply to every action a Realtor takes, whether personal or professional.

Any complaint alleging a violation of Article 10 as illustrated by Standard of Practice 10-5 can now be brought to a hearing panel at a local Realtor association, which will assess the circumstances of each individual case. All Realtor associations also are required to share with the state real estate licensing authority final ethics decisions holding Realtors in violation of the Code of Ethics in situations involving real estate-related activities and transactions where there is reason to believe the public trust may have been violated.

NAR is a private association that is supported by dues from members and does not exercise any governmental function. As such, the First Amendment does not preclude the association from imposing this ethical duty as a condition of membership.

Realtors have been on the frontlines of upholding fair housing standards. making it clear that Realtors do not tolerate hate speech outside their professional lives is another important step toward this goal. NAR notes in its FAQS about the addition to its ethics standards, “When one Realtor posts discriminatory speech or conduct online, that content becomes reflective of Realtors on the whole. Left unchecked, those statements become who we are as an organization, and further reinforce the barriers to homeownership experienced by so many Americans.”

Already in the summer, when the Silicon Valley Association of Realtors brought the conversation of racial bias to members at a virtual program with Malta, the NAR president told Silicon Valley Realtors, “It is important as Realtors that we act as leaders, not followers. Diversity, inclusion, and fair housing. We need to be committed and be part of that. It’s not only the right thing to do. It’s not just a moment or a movement; it’s an opportunity to make a difference and be proud.”